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The Intake Process for Car Accident Litigation

A lawyer that specializes in the field of car accident litigation can assist you in determining how strong your case is and how much your settlement could be worth. This is only possible when all the information you need is available.

The initial step in a car accident lawsuit is called discovery. During this phase, attorneys and their teams exchange documents and discuss their respective cases under swearing.

Documentation

A lot of the work involved in a car wreck case is collecting evidence. This could include evidence such photographs, medical records or witness statements. The more evidence you have the more convincing your case will be.

A law enforcement report is the first piece of paper you need. Typically the police officer who arrives at the scene of the accident will draft the report, and it will provide crucial information on what happened and who was responsible for the incident.

Your lawyer may also utilize the law enforcement report to obtain additional evidence if required. If the incident occurred at a place of business, for example employees may have recorded video footage. If this is the case, you must ask for a copy of the footage from the business.

You should also record the costs you have incurred as a result of the accident. This can include medical bills and records of your treatment, receipts from medication rental car charges, in-home care or assistance expenses for transportation, and many more. In addition, you should note any income loss because of your injury. This can include old pay slips and tax returns.

It is also advisable to obtain the names of witnesses. These people may be able to provide valuable information, particularly if you can convince them to testify in court. However, it’s important to remember that witnesses are prone to altering their testimony over time and they may forget details about the incident.

Intake and Investigation


The process of intake is vital to obtaining an adequate amount of compensation for your injuries sustained in an accident, whether you have submitted an insurance claim or are suing the at-fault party. Your attorney will start by reviewing your medical treatment documents, as well as copies of accident reports and other evidence. They will also go to and document the accident scene.

This information will assist them understand the extent of your injuries both in terms of future and anticipated costs for your emotional and physical 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 as well as lost income and property damage.

Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and analyzing any available evidence. They will also take the driver who was at fault and their driving cell phone records to see how they were using their vehicle at the time of the accident. This is particularly important when there was a collision with an Uber or Lyft vehicle or any other indication that the driver was on the clock.

As part of the discovery procedure, your lawyer will also inquire about the defendant’s criminal and traffic record of offenses. Generally speaking, these facts are not admissible in court, however they can be useful to undermine the credibility of the defendant during cross-examination.

Negotiating auto accident lawyer atlanta

Once you have the medical records, your lawyer can begin negotiations on settlement. The insurance company will typically make an initial offer that is less than the amount you demanded in your letter. This is a strategy to assess how strong your case is. In the counteroffer, it is crucial to emphasize the most important arguments in your favor, for instance, that the insured was fully at the fault and that you sustained serious injuries that resulted in the highest medical costs. The process of negotiating back and forth should eventually lead to an appropriate and fair amount.

A skilled accident lawyer can successfully argue your claim’s merits including presenting evidence to prove your losses. This may include photos of your car damages, police reports and witness testimony. We also know how to determine the value of different elements of your claim, such as loss of income, suffering and pain.

If at this point the insurance company refuses to offer a fair amount, we may choose to start a lawsuit in the courtroom. A trial typically lasts about two or three days and is supervised by a judge (called a bench trial) or jurors. If your case is settled before this stage, it can take several months. Your lawyer may also be able file a summary motion for judgment. This is a way of presenting all the evidence in your favor and arguing that it is impossible for the other side to win.

Filing an action

In a majority of car accident cases, the parties are able to settle their disputes outside of court. Our team will work to help you negotiate an agreement with the other driver’s insurance company or directly with the at-fault party. If no agreement can be reached, our attorneys will file a suit against the defendant. The Complaint will contain your claims as well as allegations regarding the accident and the reasons why you are entitled to compensation. The defendant will be served with the Complaint and given a specified amount of time to respond.

The discovery phase is the time when our lawyers and the defendant begin to exchange documents and other materials as they ask questions via interrogatories or depositions. Our team will ask the defendant’s attorney questions regarding their perspective on events, including how they believe the crash occurred and the injuries you have suffered. We will also seek out expert opinions to support our claims.

During the process of discovery, your lawyer may file legal documents called motions to the court to a judge’s decision on. These could include requests to the court to omit certain evidence or to set an appointment for trial. It can take as long as one year for the discovery process to be completed and a trial date to be set. This is why it’s crucial to partner with an experienced Long Island car accident attorney early on in the process.