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The Intake Process for Car Accident Litigation

A lawyer who specializes in the area of car accident litigation will help you determine the strength of your case is as well as how much your settlement could be worth. This is only possible if all the information you require is available.

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

Documentation


A lot of the work involved in a car accident case is collecting evidence. This could be evidence like photos, medical records or witness statements. Generally, the more documentation you have to support your claim, the stronger your argument will be.

The first piece of evidence you should have is a law enforcement report. The police officer who arrives at the scene of an accident will usually prepare a report. It will give valuable information regarding the accident as well as who was responsible for it.

Your attorney can also use a law enforcement report to seek additional evidence, if needed. For instance, if an incident took place in a commercial the employee who worked at that location might have recorded video footage of the incident. If that’s the case, a copy of the tape must be requested from the company as soon as is possible.

You should also document the expenses you incur as a result of the accident. These could include medical bills and records of your treatment, receipts from medication, rental car fees and in-home assistance or care expenses for transportation, and much more. Also, you should document any income loss due to your injury. You can use tax returns and pay stubs.

You should also try to obtain the names of witnesses. They can be valuable sources of information for your case, especially when they can testify at trial. It is important to keep in mind that witnesses may alter their accounts and forget details regarding the accident as time passes.

Intake and Investigation

If you’ve filed a claim with an insurance company or are starting legal action against a negligent driver, the intake process is essential to receive the fair and complete compensation you deserve for your injuries from a crash. Your lawyer will begin by looking over your medical records, and obtaining copies of accident reports as well as other evidence. They will also visit the scene of the accident to take note of what they can.

This information will help them understand the extent of your injuries both in terms of future and anticipated costs for your emotional and physical suffering. Then, they’ll review your current and future financial losses in order to determine the worth of your case. Damages could include not just your current and future medical expenses but also income loss and property damage.

Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and analyzing any evidence. They will also collect data from the cell phone and driving records of the drivers who were at fault to determine how they used their vehicle at the time. This is especially important in the event that there was a collision that involved an Uber or Lyft car, or any other evidence that suggests the driver worked while on the clock.

Additionally your lawyer will also inquire about the defendant’s criminal and traffic convictions during the discovery process. Generally, these details are not admissible in court but they could be helpful to impeach the defendant’s credibility in cross-examination.

Negotiating a Settlement

Once you have the medical records, you’re able to begin settlement negotiation. Initially the insurance company will make an offer which is usually considerably lower than what you demand in the letter. This is a way to see how strong your case is. In your counteroffer, it is crucial to highlight the most powerful points you have to your advantage. For example, that the insurance company was in the wrong and that there were severe injuries and expensive medical expenses. Negotiating back and forth could eventually result in a fair and reasonable amount.

A skilled lawyer for accidents can effectively argue your claim’s merits including presenting evidence to back your losses. This could include photographs of the damage to your car or a police report, as well as witness testimony. We also know how to determine the value of each element of your claim, including loss of income, pain and suffering.

At auto accident attorney appleton , if the insurance company refuses to provide a reasonable amount, we can decide to start a lawsuit in the courtroom. A trial usually lasts about two or three days and is usually ruled by an individual judge (called a bench trial) or jurors. If your case is settled prior to reaching this stage the process could last months. Your attorney may be capable of filing a motion for summary judge. This is a way of claiming that all evidence is in your favour, and arguing that it is impossible for the opponent to win.

Filing a Lawsuit

In the majority of car crash instances, parties can settle their dispute outside of court. Our team will help you negotiate an agreement with the other driver’s insurance company or directly with the at-fault party. However, if there is no agreement the lawyers of our firm will initiate an action against the defendant. The Complaint will contain your claims as well as allegations regarding the incident and why you are entitled to compensation. The defendant will be served with the Complaint and given a certain timeframe to respond.

During the discovery phase, our lawyers will exchange documents and other material with the defendant and ask questions through interrogatories and depositions. Our team will ask questions to the defendant’s lawyer about their version of the events, focusing on what injuries you’ve sustained and the way they believe it occurred. We will also look for experts to back our position.

During the discovery phase, your lawyer may submit legal documents known as motions to the court for a judge’s ruling on. This may include requesting the court to omit 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 find a knowledgeable Long Island car accident attorney early on in the process.