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The Intake Process for Car Accident Litigation

A lawyer with experience in defending car accident cases can help you determine the strengths of your case as well as what settlement amount you might get. This is only possible when all the information you require is available.

Discovery is the first step of an auto accident case. During this phase, attorneys and their teams exchange documents and discuss their respective cases under oath.

Documentation

A lot of the work that goes into a car accident case is obtaining documentation. This could include evidence such medical records, photos or witness statements. Generally, the more documentation you have to back your claim, the more convincing your claim will be.


The first piece of documentation you should have is a report from the police. The police officer who arrives at the scene of an accident will typically prepare a report. This will provide valuable information about the accident and who was responsible for it.

If needed, your attorney can use a police report to gather additional evidence. For instance, if the incident occurred in a business, an employee at that site might have recorded footage of the incident. If that’s the case, the tape must be requested from the company as soon as possible.

Keep track of any expenses you incur as a result of the accident. Record any costs you incur due to. auto accident law firm knoxville could include medical bills, records of your treatment, receipts for medication rental car fees for in-home assistance, care at home expenses for transportation, and more. Additionally, you must note any income loss because of your injury. You can use old tax returns and pay stubs.

If you can, collect the names of any witnesses to the accident as well. They may be able to provide important information, especially if are able to have them be a witness in court. It is important to remember that witnesses can alter their stories and forget details about the incident over time.

Intake and Investigation

The intake process is critical in obtaining an adequate amount of compensation for your accident injuries regardless of whether you’ve filed a claim with an insurance company or you are suing the person at fault. Your lawyer will begin by looking over your medical treatment documents, as well as copies of accident reports and other evidence. They will also go to the scene of the accident to document and observe what they can.

This information will help them understand the extent of your injuries in relation to future and current costs for your emotional and physical suffering. They will then review your financial losses to estimate the value of your case. The damages could not be limited to only current and future medical expenses, but also your lost income and property damage.

Your lawyer will also investigate and interview witnesses and analyzing all available evidence. They will also obtain driving and cell phone records of the driver at fault in order to determine how they used their vehicle at the time. This is particularly important when there was a collision involving an Uber or Lyft vehicle, or any other evidence that suggests the driver was working around the clock.

As part of the process of discovery Your lawyer will ask about the defendant’s traffic and criminal offense records. These information is generally not admissible, but they could be used to undermine the defendant’s credibility in cross-examination.

Negotiating a Settlement

After you have obtained the medical records then your lawyer will begin settlement negotiations. Initially the insurance company will offer an offer that’s usually much lower than what you request in the letter. This is a way to determine how strong your case is. In your counteroffer, it’s important to highlight the strongest points you have to your advantage. For instance, if you claim that the insurer was at fault and there were severe injuries and high medical costs. The process of negotiating back and forth should eventually result in an equitable and reasonable amount.

An experienced accident lawyer can effectively argue your claim’s merits including presenting evidence to back your losses. This could include photos of the damage to your car or a police report, as well as witness testimony. We also know how to calculate the value of each element of your claim, like loss of income, suffering and pain.

If, at this point, the insurance company still refuses to offer a reasonable amount, we have the option to start a lawsuit in the courtroom. A trial usually lasts for up to two days and is usually ruled by a judge (called a bench trial) or jurors. If your case is settled before reaching this stage the process could last months. In addition, your attorney might be in a position to file a motion for summary judgement. This is a way of presenting all the evidence in your favor and arguing that it is impossible for the opposing side to prevail.

Filing an action

In the majority of cases involving car accidents the parties are able to resolve their disagreement outside of court. Our team will assist you in negotiating an agreement with the 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 is served the Complaint, and given a specified amount of time to respond.

During the discovery phase, our lawyers will share documents and other information with the defendant, while asking questions via interrogatories and depositions. Our team will ask the defendant’s attorney questions regarding their interpretation of the events, including what they believe happened, how they believe it happened and what injuries you have suffered. We will also solicit expert opinions to support our position.

During the discovery stage, your lawyer will make legal documents known as motions with the court for the decision of a judge. This could mean asking the court to block evidence or set a trial date. It could take a full year or more to complete the process of discovery and to set the date of trial for your case. This is why it’s important to work with an experienced Long Island car accident attorney early in the process.