Write About Everything

The Intake Process for Car Accident Litigation

A lawyer who is specialized in the area of car accident litigation will help you determine how solid your case is as well as how the settlement might be worth. This is only possible when all the information you require is available.

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

Documentation

A large portion of the work that goes into a car accident case is collecting evidence. This can include evidence like medical records, photos, or witness statements. Generally, the more documentation you can provide to support your claim, the stronger your case will be.

The first piece of evidence that you must have is a police report. The police officer who arrives at the scene is likely to prepare a written report. This will provide valuable details about the accident and who was responsible.

If needed your attorney has to use a police report to gather additional evidence. If the accident happened in the business environment such as a place of business an employee might have recorded video footage. If this is the case a copy of the tape should be requested from the company as soon as it is possible.

Record any expenses you have incurred in the aftermath of the accident. Record any costs you incur due to. These could include medical bills as well as records of your treatment, receipts from medication, rental car charges for in-home assistance, care at home expenses for transportation, and more. It is also important to document any income loss due to your accident. You can use your old tax returns and pay stubs.

If you can, collect the names of any witnesses to the accident as well. These people may be able provide valuable information, especially if you are able to get them to appear in court. However, it is important to remember that witnesses may alter their stories over time and could forget specific details about the incident.

Intake and Investigation

If you’ve made an insurance company or are starting an action against an at-fault driver, the intake process is crucial to getting full and fair compensation for your crash injuries. Your lawyer will begin by examining your medical records and then obtaining copies of accident reports and other evidence. They will also visit the scene of the crash to observe and document what they can.

This information will assist them understand the extent of your injuries as well as the current and projected future costs for your physical and emotional suffering. They will then look over your financial losses to estimate the value of your case. Your damages may include not only future and ongoing medical expenses, but also loss of income and property damage.


Your lawyer will also investigate and interview witnesses and analyzing all the available evidence. They will also obtain the driver who was at fault and their driving phone records to determine how they were using their vehicle at the time of the collision. This will be especially important if the collision involved an Uber or Lyft vehicle or any other indicator that the driver was on the job, since this could impact their ability to cover your damages.

In addition to this your attorney may ask questions about the defendant’s past criminal and traffic convictions in the discovery process. These information is generally not admissible but could be used to undermine the defendant’s credibility in cross-examination.

Negotiating a Settlement

After receiving the medical records, you can begin settlement negotiation. The insurance company may make an initial offer that is less than the amount you demanded in your letter. This is a method to test how convincing your case. In the counteroffer it is important to emphasize the strongest arguments for your side – for instance, that the insured was completely at blame and that you were afflicted with serious injuries that resulted in significant medical expenses. The process of negotiating back and forth should eventually lead to an appropriate and fair amount.

An experienced accident lawyer can successfully argue your claim’s merits by presenting evidence to justify your losses. This could include photographs of the car’s damage along with a police report as well as witness testimony. We know how to calculate various aspects of your claim, such as lost income as well as pain and suffering, and police report.

If the insurance company refuses to pay a reasonable amount at the moment, we can make a claim. A trial usually lasts for one or two days and can be heard by an individual judge (called a bench trial) or a jury. If your case is settled prior to reaching this phase the process could take months. Your attorney may be able to file an application for summary judgment. This means claiming that all evidence is in your favor and arguing that it is impossible for the opponent to win.

Filing a Lawsuit

In the majority of car crash cases, the parties can resolve their disagreement without the need for court. Our team will assist you in negotiating an agreement with the insurance company, or directly with the party at fault. If no agreement is reached, our attorneys will file a suit against the defendant. The Complaint contains your claims as well as allegations regarding the incident and why you are entitled to compensation. The defendant is served the Complaint, and given a certain amount of time to respond.

The discovery phase is where our lawyers and the defendant will begin to exchange documents and other information in exchange for questions through interrogatories or depositions. Our team will inquire to the lawyer representing the defendant about their version of the events, focusing on what injuries you’ve suffered and how they believe it took place. We will also seek experts to back our assertions.

During the discovery process 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 exclude evidence or to schedule a trial. It can take a whole year or more to complete the discovery process and establish the date of trial for your case. auto accident lawsuit tennessee is essential to speak with an experienced Long Island auto accident attorney early in the process.