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The Intake Process for Car Accident Litigation

A lawyer who has experience in litigation involving car accidents will be able to help you determine the worth of your case and the amount of settlement you could get. This is only possible if all the information you need is available.

Discovery is the first step of a car accident case. In this phase attorneys and their teams exchange documents and discuss their respective cases under oath.

Documentation

Documentation is an integral part of the work in an auto accident. This can include evidence like photographs, medical records or witness statements. The more documentation that you have the more convincing your case will become.

A law enforcement report is the very first document you should have. Typically, the police officer who arrives at the scene of the crash will prepare reports, and these will give important details about the circumstances of the crash and who was at fault for the incident.

Your attorney can also use an official report from law enforcement to seek additional evidence, if needed. If the accident occurred in the business environment for instance an employee could have recorded video footage. If this is the situation, the tape should be requested from the business as soon as possible.

It is also important to document the expenses you incur in the aftermath of the accident. This could include medical bills or records of treatment, receipts from medication rental car fees for in-home assistance, care at home expenses for transportation, and more. In addition, you should record any income loss as a result of your injury. auto accident lawyer gary can include old pay stubs and tax returns.

It is also advisable to get the names of witnesses. These witnesses can be valuable sources of information for your case, especially in the event that they are able to be present at trial. It’s important to keep in mind that witnesses could alter their narratives and forget specifics about the incident as time passes.

Intake and Investigation

The intake process is essential to receiving an adequate amount of settlement for your accident-related injuries, whether you have filed an insurance claim or are suing the at-fault party. Your attorney will begin by looking over your medical records, and obtaining copies of accident reports as well as other evidence. They will also visit and document the accident scene.

This will help them know the extent of your injuries in relation to future and anticipated costs for your emotional and physical suffering. Then, they will look at your financial losses to determine the worth of your case. Damages could include not only your current and future medical expenses but also income loss and property damage.

Your lawyer will also conduct an investigation and interview witnesses and reviewing all available evidence. They will also gather the at-fault driver’s driving and cell phone records to see what they were doing with their vehicle at the time of the accident. This is particularly important if the collision involved an Uber or Lyft vehicle, or any other indication that the driver was working, as this could impact their ability to pay for your damages.

As part of the process of discovery the lawyer will inquire about the defendant’s traffic and criminal offense records. These facts are usually not admissible, but can be used to undermine the defendant’s credibility during cross-examination.

The process of negotiating a settlement

After obtaining the medical records, your lawyer can begin settlement negotiations. Initially, the insurance company will present an offer that is often significantly lower than the amount you request in the letter. This is an opportunity to test the strength of your case. In your counteroffer, it is crucial to emphasize the most important points that you have to your advantage. For instance, you can say the insurer was at fault and there were serious injuries as well as expensive medical expenses. Negotiating back and forth will eventually result in a fair and reasonable amount.

A skilled lawyer for accidents can successfully argue for your claim’s merits, including presenting evidence to back your losses. This could include photos of the car damage, police reports, and witness testimony. We also know how to calculate the value of each element of your claim, including lost income and pain and suffering.

If, at this point, the insurance company is still refusing to offer a fair amount, we have the option to bring a lawsuit to court. A trial typically lasts about two or three days and is usually ruled by a judge (called a bench trial) or by a jury. If your case settles prior to this phase it could take a few months. Alternatively, your attorney may be able to file an application for summary judgment. This is a way of claiming that all evidence is in your favor, and arguing that it’s impossible to allow the other side to prevail.

Filing an action

In the majority of car crash cases parties can resolve their disagreement outside of court. Our team will work to help you negotiate a settlement with the other driver’s insurance company or directly with the at-fault party. If no agreement can be reached, our lawyers will file a suit against the defendant. The Complaint contains your claims and allegations about the incident and why you are entitled to compensation. The defendant will be served with the Complaint and given a certain time frame to respond to it.

During the discovery phase, our lawyers will exchange documents and other materials with the defendant while asking questions via interrogatories as well as depositions. Our team will ask the attorney for the defendant questions regarding their perspective on events, including the circumstances under which they believe the crash occurred and the injuries you’ve suffered. We will also look for experts to back our position.


During the discovery stage, your lawyer will submit legal documents, also known as motions to the court to be decided by the judge. These could include requests to the court’s decision to exclude certain evidence or to set the date for a trial. It can take a whole year or more to complete the process of discovery and to set a trial date for your case. It’s crucial to consult with an experienced Long Island auto accident attorney at the earliest possible point in the process.