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The Intake Process for Car Accident Litigation

A lawyer that specializes in the area of car accident litigation will help you determine how strong your case is as well as how the settlement you receive could be worth. This is only possible when all the information you need is available.

Discovery is the first stage of an auto accident case. During this stage attorneys and their teams exchange documents and ask each other questions under oath.

Documentation

The majority of the work involved in a car crash case is obtaining documentation. This could be evidence like medical records, photos or witness statements. The more evidence you can provide to support your claim the stronger your argument will be.

The first document that you must have is a law enforcement report. The police officer who arrives at the scene will usually prepare a report. This will provide valuable details about the incident and who was responsible for it.

If required, your attorney can use a police report to gather additional evidence. For example, if the incident took place in a commercial where employees were present, the location might have recorded video footage of the incident. If this is the case, request a copy of the video from the business.

Keep track of any expenses you incur as a result of the accident. Document any expenses you incurred due to. This can include medical bills and records for your treatment, receipts for medications rental car charges as well as in-home care or assistance transport costs, and more. It is also important to document any income you lose due to your injury. This can include old pay stubs as well as tax returns.

You should also try to find the names of witnesses. They may be able to provide valuable information, especially if you are able to have them appear in court. However, auto accident attorneys federal way to remember that witnesses can alter their story over time and they may forget details about the incident.

Intake and Investigation

If you’ve filed an insurance company or are preparing an action against the at-fault driver, the initial intake process is essential to obtaining the full and fair amount of compensation for your injuries from a crash. Your attorney will start by reviewing your medical treatment records, obtaining copies of accident reports and other evidence. They will also visit the scene of the accident to record and observe what they can.

This information will enable them to understand the extent of injuries you have suffered in relation to future and current costs for your physical or emotional suffering. They will then review your existing and expected financial losses to estimate the total value of your case. Your damages may include not just future and present medical expenses, but also loss of income and property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and analyzing any evidence. They will also take the driver at fault’s driving and phone records to determine how they were using their vehicle at the time of the collision. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other sign that the driver was at work, as this could negatively impact their ability to pay your damages.

In addition, your attorney will likely inquire about the defendant’s past criminal and traffic-related offenses as part of the discovery process. Generally, these details are not admissible in court, however they can be useful to impeach the defendant’s credibility in cross-examination.


Negotiating a Settlement

After obtaining the medical records after which your lawyer can start negotiations on settlement. The insurance company may make an initial offer that is much lower than the amount you requested in your letter. This is a way to determine the strength of your case. In the counteroffer, it is crucial to highlight the most powerful points in your favor – for example, the insured was entirely at the fault, and that you suffered serious injuries that resulted in high medical expenses. Then, negotiations back and forth will lead to an amount that is reasonable and fair.

A skilled accident attorney can successfully argue the benefits of your claim, including presenting evidence supporting your losses. This could include photos of the car damage, police reports and witness testimony. We also know how to calculate the value of different elements of your claim, including lost income and pain and suffering.

At this point, if the insurance company is still refusing to offer a reasonable amount, we can choose to start a lawsuit in the courtroom. A trial usually lasts between one and two days, and is judged by a judge or a jury. If your case settles before reaching this phase it could take months. Your attorney may also be able file a summary judgment motion. This means claiming that all evidence is in your favor, and arguing it’s impossible for the opponent to prevail.

Filing an action

In the majority of car crash cases, the parties are able to settle their disputes without the need for court. Our team will help you negotiate a settlement with the insurance company of the other driver company or directly with the person at fault. If an agreement cannot be reached Our lawyers will bring a lawsuit against the defendant. The Complaint will outline your assertions and allegations regarding the circumstances of the crash and the reason you should be compensated. The defendant is served with the Complaint, and given a specified period of time to reply.

The discovery phase is the time when our lawyers and the defendant begin to exchange documents and other evidence as they ask questions via interrogatories or depositions. Our team will pose questions to the lawyer for the defendant about their version of the events, including what injuries you have suffered and the way they believe it took place. We will also request expert opinions that enforce our position.

During the discovery process your lawyer may submit legal documents known as motions to the court to a judge’s decision on. This could include requests for the court to omit certain evidence or to schedule a trial date. It could take up to an entire year for the discovery process to be completed and a trial date scheduled. This is the reason it’s essential to partner with an experienced Long Island car accident attorney early in the process.