Write About Everything

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 potential strength of your case and the amount of settlement you could receive. This is only possible when all the information you require is available.

The first step in a car accident lawsuit is called discovery. 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 may include evidence such as medical records, photos, or witness statements. The more documentation that you have the more convincing your case will become.

A police report is the very first document you need. Typically the police officer who comes to the scene of the accident will draft the report, and it will provide crucial information on how the crash occurred and who was at fault for the incident.

If needed, your attorney can use an investigation report to collect additional evidence. If the accident occurred in a place of business for instance an employee might have recorded video footage. If this is the situation, a copy of the tape should be requested from the business as quickly as it is possible.

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


You should also obtain the names of witnesses. They can be important sources of information in your case, particularly if they are able to give evidence at trial. However, it’s important to keep in mind that witnesses are prone to altering their accounts over time, and they may forget details about the incident.

Intake and Investigation

Whether you have made a claim with an insurance company or are preparing an action against an at-fault driver, the process of intake is essential to receive full and fair compensation for your injuries from a crash. Your attorney will start by reviewing your medical records, and obtaining copies of accident reports, and other evidence. auto accident attorney lynwood will also go to the scene of the crash to record and observe what they can.

This will help them to determine the severity of injuries you have suffered as well as the cost and projections for your emotional or physical suffering. Then, they will review your current and future financial losses in order to estimate the value of your case. Your damages may include not only current and future medical expenses, but also your loss of income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing any evidence. They will also collect the driving and cell phone records of the drivers who were at fault to determine if they were using their vehicle during the time. This is particularly important when there was a collision involving an Uber or Lyft car, or any other indication that the driver was working around the clock.

In addition to this your attorney may inquire about the defendant’s previous criminal and traffic-related offenses during the discovery process. These facts are usually not admissible, but can be used to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

After you’ve obtained the medical documents after which your lawyer can start negotiations to settle the matter. The insurance company may make an initial offer that is smaller than the amount that you demanded in your letter. This is a way to test how convincing your case. In your counteroffer it is essential to highlight the most compelling points that you have to your advantage. For instance, you could argue the insurer was at fault and that there were serious injuries as well as high medical costs. Negotiating back and forth could eventually result in an acceptable and reasonable amount.

A skilled accident attorney will effectively argue the merits of your claim, including presenting evidence that supports your losses. This could include photos of the car damage, police reports, and witness testimony. We also know how to determine the value of each element of your claim, like lost income and pain and suffering.

If the insurance company is unwilling to pay an acceptable amount at this point, we may make a claim. A trial typically lasts between one and two days, and is conducted by a judge or a jury. If your case settles before this point, it can take several months. Your lawyer may also be able file a summary judgment motion. This is a way of presenting all the evidence to your advantage and arguing that it’s impossible for the opposing side to win.

Filing an action

In a majority of cases involving car accidents parties can settle their disputes outside of court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the party who is at fault. If there is no agreement Our lawyers will start a lawsuit against the defendant. The Complaint outlines 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 specific 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 as well as depositions. Our team will inquire to the lawyer of the defendant regarding their version of the events, such as what injuries you’ve suffered and the way they believe it occurred. We will also seek expert opinions that will support our stance.

During the discovery process your lawyer could submit legal documents, also known as motions to the court to a judge’s decision on. This may include requests for the court to block certain evidence or to set an appointment for trial. It can take a whole year or more to complete the discovery process and set the trial date for your case. This is why it’s crucial to partner with an experienced Long Island car accident attorney early on in the process.