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The Intake Process for Car Accident Litigation

A lawyer with experience in the field of car accident litigation will be able to help you determine the strengths of your case as well as what settlement amount you might receive. This is only possible if all the information you require is available.

Discovery is the first stage of a car accident case. During this stage, attorneys and their teams will exchange documents and discuss questions under an oath.

Documentation

A large portion of the work involved in a car accident case is collecting documentation. This could include evidence such as medical records, photos, or witness statements. The more documentation that 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 that arrives at the scene of the accident will write an investigation report. This will give important details about the circumstances of the crash and who was at fault for the incident.

Your lawyer may also utilize the report of a law enforcement officer to obtain additional evidence if necessary. If the accident happened in the workplace such as a place of business, an employee may have recorded video footage. If this is the situation, the tape must be requested from the business as quickly as possible.

You should also keep track of the expenses you incur as a result of the accident. This can include medical bills and records of your treatment, receipts from medication, rental car fees and in-home assistance or care expenses for transportation, and many more. In addition, you should document any lost income due to your injury. You can utilize old tax returns and pay stubs.

If you can, collect the names of witnesses to the accident as well. These people can serve as important sources of information in your case, especially when they can be a witness in a trial. However, it’s important to remember that witnesses may alter their stories over time and could forget specific details about the accident.

Intake and Investigation

The intake process is essential to getting an adequate amount of compensation for your injuries sustained in an accident, whether you have submitted an insurance claim or are suing the responsible party. Your lawyer will begin by looking over your medical records, as well as obtaining copies of accident reports and other evidence. They will also go to and document the accident scene.

auto accident attorneys san marcos will enable them to understand the extent of the injuries you’ve suffered, both in terms actual and projected costs for your emotional or physical suffering. They will then look over your financial losses to estimate the value of your case. Your damages can include not only your present and future medical expenses as well as lost income and property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing the available evidence. They will also collect driving and cell phone records of the driver at fault in order to determine how they operated their vehicle at the time. This is especially important in the event that there was a collision involving an Uber or Lyft vehicle or any other indication that the driver was working around the clock.

As part of the discovery procedure Your lawyer will ask about the defendant’s traffic and criminal record of offenses. These details are generally not admissible but could be used to undermine the defendant’s credibility in cross-examination.

The process of negotiating a settlement

Once you have received the medical records, you can start settlement negotiations. The insurance company is likely to make an initial offer that is much lower than the amount you requested in your letter. This is a method to assess the strength of your case. When you counteroffer, it’s important to highlight the strongest 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 significant medical expenses. In the end, back and forth bargaining should result in an amount that is both reasonable and fair.

A skilled attorney for accidents can successfully argue the merits of your claim by presenting evidence to prove your losses. This could include photos of vehicle damage, police reports and witness testimony. We also know how to calculate the value of each element of your claim, like loss of income, suffering and pain.

If at this point the insurance company continues to refuse to offer a reasonable amount, we have the option to make a claim in court. A trial usually lasts for about two or three days and is either heard by a judge (called a bench trial) or by a jury. If your case is settled before this point, it can take several months. Your attorney may also be able file a summary motion to enter judgment. This means claiming that all evidence is in your favor and arguing that it’s impossible for the opposing side to win.

Filing a Lawsuit

In the majority of car accident cases the parties can settle their disputes outside of court. Our team will help you negotiate with the insurance company of the other driver or directly with the driver who is at fault. However, if an agreement cannot be reached our lawyers will initiate an action against the defendant. The Complaint will include your claims and allegations regarding how the accident occurred and why you deserve compensation. The defendant will be served the Complaint and given a specified amount of time to respond.

During the discovery phase, our attorneys will share documents and other information with the defendant and ask questions through interrogatories and depositions. Our team will ask the defendant’s attorney questions regarding their interpretation of the events, such as what they believe happened, how they believe it took place and what injuries you’ve suffered. We will also request expert opinions that support our position.

During the discovery phase, your lawyer may submit legal documents, also known as motions in court to be decided by a judge. This may include requests for the court’s decision to exclude certain evidence or to set a trial date. It could take a full year or more to complete the discovery process and set the trial date for your case. It is essential to speak with an experienced Long Island auto accident attorney at the earliest possible point in the process.