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The Intake Process for Car Accident Litigation

An experienced lawyer in litigation involving car accidents will be able to assist you determine the strength of your case and how much settlement you could get. This is only possible if all the information you require is available.

The first step in a car crash lawsuit is called discovery. In this stage, attorneys and their teams exchange documents and discuss questions under oath.

Documentation

Documentation is an integral aspect of the investigation in an auto accident. This could include evidence like photographs, medical records or witness statements. Generally speaking, the more evidence you have to back your claim the more convincing your argument will be.

The first piece of evidence you should have is a police report. Typically auto accident attorneys davenport who arrives at the scene of the accident will write an investigation report. This will contain important information about the circumstances of the crash and who was responsible for the incident.

If required you need to, your attorney can make use of the police report to gather additional evidence. If the incident occurred at the workplace such as a place of business employees may have recorded video footage. If this is the case a copy of the tape must be requested from the business as quickly as is possible.

Document any expenses you incurred as a result of the accident. Record any costs you incur due to. This could include medical bills and records for your treatment, receipts for medications rental car costs as well as in-home care or assistance transport costs, and much more. In addition, you should record any income loss due to your accident. You can use old tax returns and pay stubs.

You should also try to obtain the names of witnesses. These people may be able to give valuable information, particularly if you are able to get them to give evidence in court. However, it is important to keep in mind that witnesses are prone to altering their story over time and could forget specific details about the incident.

Intake and Investigation

The process of intake is vital to obtaining an adequate amount of settlement for your accident-related injuries regardless of whether you’ve filed a claim with an insurance company or are suing the at-fault party. Your lawyer will begin by looking over your medical treatment documents, and then obtaining copies accident reports and other evidence. They will also visit the scene of the crash to record and observe what they can.


This information will assist them comprehend the severity of your injuries in relation to future and projected costs for your physical and emotional suffering. They will then review your current and future financial losses to determine the value of your case. The 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 the incident, including speaking with witnesses and analyzing all the available evidence. They will also gather the driver at fault’s driving and cell phone records to see how they used their vehicle at the time of the crash. This will be especially important if the collision involved an Uber or Lyft vehicle or any other indication that the driver was working while on the job, since it could affect their ability to pay for your damages.

In addition to this the lawyer may ask questions about the defendant’s past criminal and traffic offence history in 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.

The process of negotiating a settlement

After obtaining the medical records, your lawyer can begin negotiations to settle the matter. Initially the insurance company will present an offer that is usually substantially lower than the amount you requested in your letter. This is an opportunity to test the credibility of your argument. In your counteroffer, it is crucial to emphasize the most important arguments you have to your advantage. For instance, you could argue that the insurer was in the wrong and that there were severe injuries as well as the medical costs were high. Eventually, the back and forth negotiation will result in an amount that is reasonable and fair.

An experienced accident lawyer can successfully argue your claim’s merits, including presenting evidence to back your losses. This could include photos of the car damage, police reports or witness testimony. We know how to calculate various aspects of your claim, such as lost income, pain and suffering and police reports.

If the insurance company is unwilling to pay an appropriate amount at the moment, we can bring a lawsuit. A trial typically lasts between one and two days and is judged by a judge or a jury. If your case settles prior to reaching this stage the process could last months. Your attorney may be capable of filing a motion for summary judgement. This involves arguing that all evidence is in your favour, and arguing it’s impossible for the opposition to prevail.

Filing a Lawsuit

In a majority of car accident cases, the parties can resolve their disputes outside of court. Our team will help you negotiate an agreement with the other driver’s insurance company, or directly with the person at fault. If an agreement is not reached, our lawyers 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 will be served the Complaint and given a specified timeframe to respond.

During the discovery phase, our attorneys will exchange documents and other evidence with the defendant and ask questions via interrogatories and depositions. Our team will ask the defendant’s attorney questions about their version of the events, such as what they believe happened, how they believe it occurred and what injuries you have suffered. We will also solicit expert opinions that enforce our position.

During the process of discovery, your lawyer may make legal motions to the court for a judge to rule on. This can include requests for the court to omit certain evidence or to set the date for a trial. It can take up to an entire year for the discovery process to be completed and a trial date established. This is why it’s vital to find a knowledgeable Long Island car accident attorney early in the process.