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The Intake Process for Car Accident Litigation

A lawyer who is experienced in defending car accident cases will be able to assist you determine the potential strength of your case and what settlement amount you might get. However this is only feasible when you have all the necessary information.

Discovery is the very first step of an auto accident case. In this stage, attorneys and their teams will exchange documents and discuss questions under an oath.

Documentation

A significant portion of the work involved in a car crash investigation is gathering evidence. This can include evidence like photographs, medical records, or witness statements. Generally speaking, the more evidence you have to support your claim, the more convincing your case will be.

The first document you should have is a law enforcement report. Typically, the police officer who arrives at the scene of the accident will prepare a report, and this will give important details about what happened and who was at fault for the incident.

Your lawyer may also utilize a law enforcement report to seek additional evidence in the event of need. If the accident occurred in the workplace such as a place of business, an employee may have recorded video footage. If this is the case, you should ask for a copy of the footage from the company.


Keep track of any expenses you incur because of the accident. Document any expenses you incurred due to. This can include medical bills, records of your treatment, receipts from medication, rental car charges for in-home assistance, care at home expenses for transportation, and more. Also, you should document the loss of income due to your accident. This can include old pay stubs and tax returns.

You should also try to find the names of witnesses. They can be important sources of information in your case, particularly in the event that they are able to be present at trial. It’s important to keep in mind that witnesses may change their narratives and forget specifics regarding the accident as time passes.

Intake and Investigation

If you have made an insurance company or have started a lawsuit against an at-fault driver, the initial intake process is crucial to getting the fair and complete compensation you deserve for your injuries from a crash. Your lawyer will begin by looking over your medical treatment documents, and then obtaining copies accident reports and other available evidence. They will also visit the scene of the accident to record and observe what they can.

This information will help them understand the extent of your injuries as well as the current and projected future costs for your emotional and physical suffering. They will then analyze your financial losses to estimate the value of your case. The damages you incur could comprise not only your current and future medical costs but also income loss and property damage.

Your lawyer will also investigate the incident, including interviewing witnesses and analyzing any evidence. They will also take the driving and cell phone records of the driver at fault in order to determine how they used their vehicle during the time. This is particularly important when there was a collision that involved an Uber or Lyft car, or any other indication that the driver was working around the clock.

As part of the process of discovery as part of the discovery process, your lawyer will inquire about the defendant’s traffic and criminal conviction records. Generally speaking, these facts are not admissible in court, however they could be helpful to impeach the defendant’s credibility during cross examination.

Negotiating a Settlement

Once you have the medical records, your lawyer can begin negotiations on settlement. The insurance company will typically make an initial offer that is lower than the amount you demanded in your letter. This is a way to assess the strength of your argument. In the counteroffer, you must be important to highlight the strongest arguments for your side – for example, that the insured was completely at the fault, and that you suffered serious injuries that resulted in significant medical expenses. Then, the back and forth negotiation should result in an amount that is both fair and reasonable.

An experienced accident lawyer can successfully argue your claim’s merits, including presenting evidence to prove your losses. This may include photos of the car’s damage along with a police report as well as witness testimony. We know how to calculate the various components of your claim, such as loss of income along with pain and suffering as well as a police report.

At auto accident law firm layton , if the insurance company is still refusing to provide a reasonable amount, we can decide to make a claim in court. A trial typically lasts between one and two days. It can be heard by an individual judge (called a bench trial) or by a jury. If your case settles prior to this stage, it can take several months. Your attorney might also be able to file a summary motion for judgment. This is a way of claiming that all evidence is in your favour, and arguing that it’s impossible for the opponent to prevail.

Filing a Lawsuit

In the majority of car crash cases, the parties are able to settle their disputes outside of court. Our team will work to help you negotiate a settlement with the insurance company, or directly with the person at fault. However, if an agreement cannot be reached, our lawyers will file 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 will be served the Complaint and given a certain amount of time to respond to it.

The discovery phase is where our attorneys and the defendant begin to exchange documents and other material while asking questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions regarding their interpretation of events, including what they believe happened, how they believe it occurred and what injuries you have suffered. We will also solicit expert opinions that support our position.

During the discovery phase, your lawyer could make legal motions to the court for a judge to rule on. This may include requesting the court to exclude evidence or schedule a trial. It can take up one year for the discovery process to be completed and a trial date established. This is why it’s crucial to partner with an experienced Long Island car accident attorney early on in the process.