Write About Everything

The Intake Process for Car Accident Litigation

A lawyer who is specialized in car accident litigation can assist you in determining how strong your case is and how much your settlement could be worth. This is only possible when all the information you need is available.


The initial step in a car crash lawsuit is called discovery. During this phase attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

Documentation is an integral component of the event of a car crash. This can include evidence such as medical records, photos, or witness statements. Generally speaking, the more evidence you have to back your claim the more convincing your case will be.

The first piece of evidence that you must have is a report from the police. Typically the police officer who arrives at the scene of the accident will write the report, and it will contain important information about what happened and who was at fault for the incident.

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

You should also keep track of the expenses you incur as a result of the accident. This can include medical bills and records for your treatment, receipts for medicines rental car expenses as well as in-home care or assistance, transportation costs, and much more. It is also important to document any income loss due to your accident. You can use your old tax returns and pay stubs.

It is also advisable to get the names of witnesses. They can be important sources of information in your case, especially those who are able to give evidence at trial. However, it is important to keep in mind that witnesses can change their story over time and could forget specific details about the incident.

Intake and Investigation

The process of intake is vital to receiving fair settlement for your accident-related injuries, whether you have filed a claim with an insurance company or are suing the at-fault party. Your lawyer will begin by examining your medical records and then obtaining copies of accident reports, as well as other evidence. They will also go to and document the accident scene.

This information will allow them to determine the extent of your injuries both in terms of future and current costs for your physical and emotional suffering. They will then analyze your existing and expected financial losses to determine the value of your case. Damages could comprise not only your current and future medical costs as well as lost income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing all available evidence. They will also obtain data from the cell phone and driving records of the at-fault drivers to determine how they operated their vehicle at the time. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other indicator that the driver was at work, as it could affect their ability to cover your damages.

In addition to this the lawyer may ask questions about the defendant’s criminal and traffic convictions as part of the discovery process. These details are generally not admissible, however they can be used to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

After receiving the medical records, you’re able to begin negotiations for settlement. The insurance company will often make an initial offer that is much lower than the amount you demanded in your letter. This is a way to determine how strong your argument is. In your counteroffer it is crucial to highlight the most powerful arguments you have in your favor. For example, the insurer was in the wrong and that there were severe injuries and expensive medical expenses. In the end, the back and forth negotiation should result in an amount that is fair and reasonable.

A skilled attorney can effectively argue your claim’s merits including presenting evidence to prove your losses. This could include photographs of the damage to your vehicle along with a police report as well as witness testimony. We are able to determine the various elements of your claim, such as lost income as well as pain and suffering, and police reports.

If at this point the insurance company refuses to offer a fair amount, we may choose to make a claim in court. A trial usually lasts for between one and two days. It is supervised by an individual judge (called a bench trial) or jurors. If your case is settled before this point it could take several months. auto accident attorney gastonia might also be able file a summary judgment motion. This is a way of claiming that all evidence is in your favor, and arguing it’s impossible for the other side to win.

Filing a Lawsuit

In the majority of car crash cases parties can settle their dispute outside of court. Our team will work to help you negotiate an agreement with the insurance company of the other driver company or directly with the party at fault. If an agreement cannot be reached, our lawyers will initiate a lawsuit against the defendant. The Complaint contains your claims and allegations regarding the accident, and explains why you are entitled to compensation. The defendant is served with the Complaint and given a specified amount of time to answer.

During the discovery phase, our lawyers will discuss documents and other material with the defendant, while asking questions via interrogatories as well as depositions. Our team will ask the defendant’s attorney questions about their view of the events, including the circumstances under which they believe the crash happened and what injuries you’ve suffered. We will also seek out expert opinions that support our position.

During the discovery phase, your lawyer could submit legal documents known as motions to the court for a judge’s ruling on. This may include requesting the court to block evidence or to schedule a trial. It can take up to a year for the discovery process to be completed and a trial date scheduled. It is essential to speak with an experienced Long Island auto accident attorney early in the process.