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The Intake Process for Car Accident Litigation

A lawyer who is experienced in car accident litigation can help you determine the strengths of your case as well as what settlement amount you might receive. But this is only possible when you have all the information needed.

Discovery is the initial step of an auto accident case. During this phase attorneys and their teams exchange documents and ask each other questions under swearing.

Documentation

The majority of the work involved in a car crash case is collecting evidence. This could include evidence like photographs, medical records or witness statements. The more evidence you have the better your case will be.

A law enforcement report is the first piece of paper you need. The police officer who arrives at the scene will usually write a report. It will give valuable information regarding the accident as well as the person responsible for it.

Your lawyer can also make use of the report of a law enforcement officer to pursue additional evidence, if needed. If the incident occurred at a place of business for instance employees may have recorded video footage. If this is the case a copy of the tape should be requested from the company as soon as is possible.

You should also document any expenses you incurred in the aftermath of the accident. This could include medical expenses, records of your treatment, medication receipts, rental car charges as well as in-home assistance or care as well as transportation costs. It is also important to document the loss of income due to your accident. You can utilize old tax returns and pay stubs.

You should also try to obtain the names of witnesses. These witnesses can be valuable sources of information for your case, especially when they can testify at trial. However, it’s important to keep in mind that witnesses are prone to altering their testimony over time and may forget details of the accident.

Intake and Investigation

If you have filed an insurance claim with an company or are preparing legal action against a negligent driver, the process of obtaining an intake is essential to obtaining the fair and complete compensation you deserve for the accident injuries. Your lawyer will begin by looking over your medical records, obtaining copies of accident reports, as well as other evidence. They will also go to and document the scene of the accident.

This information will allow them to determine the severity of injuries you have suffered in relation to cost and projections for your emotional or physical suffering. They will then look over your existing and expected financial losses to estimate the total value of your case. Your damages may include not just future and present medical expenses, but also your loss of income as well as property damage.

Your lawyer will also conduct an investigation into the incident, which includes interviewing witnesses and analyzing any available evidence. They will also obtain the driver at fault’s driving and cell phone records to see how they were using their vehicle at the time of the accident. 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, as this could negatively impact their ability to pay your damages.

In addition to this the lawyer may ask questions about the defendant’s past criminal and traffic offense history during the discovery process. Generally speaking, these facts are not admissible in court, however they could be helpful to impeach the defendant’s credibility during cross examination.

The process of negotiating a settlement

Once you have the medical records after which your lawyer can start negotiations on settlement. Initially the insurance company may make an offer that is often significantly lower than the amount you request in the letter. This is a tactic to test how convincing your case. In the counteroffer it is important to highlight the strongest arguments for your side – for example, that the insured was entirely at the fault and that you sustained severe injuries with significant medical expenses. In the end, back and forth bargaining should get you to an amount that is reasonable and fair.

A skilled lawyer for accidents can successfully argue your claim’s merits by presenting evidence to justify your losses. This could include photographs of the damage to your car as well as a police report and witness testimony. We also know how to determine the value of various components of your claim, such as lost income and suffering and pain.

At this point, if the insurance company still refuses to offer a reasonable amount, we may choose to start a lawsuit in the courtroom. A trial usually lasts between one and two days, and is conducted by either a judge or jury. If your case is settled prior to reaching this phase, the process can take months. Your lawyer may also be able to file a summary judgment motion. This is a way of claiming that all evidence is in your favor and arguing it’s impossible for the opposition to win.

Filing an action

In the majority of car crash cases, the parties can settle their disputes without going to court. Our team will help you negotiate an agreement with the insurance company, or directly with the at-fault party. If auto accident lawyer laguna niguel is reached, our lawyers will file a lawsuit against the defendant. The Complaint will detail your claims and allegations about the cause of the crash and the reasons you are entitled to compensation. The defendant is served with the Complaint and given a certain amount of time to answer.


During the discovery phase, our attorneys will discuss documents and other information with the defendant and ask questions via interrogatories or depositions. Our team will be asking questions to the lawyer representing the defendant about their interpretation of the events, including what injuries you have suffered and how they believe it took place. We will also solicit expert opinions to support our position.

During the discovery phase, your lawyer may prepare legal documents referred to as motions with the court for the decision of the judge. This could mean asking the court to exclude evidence or set a trial date. It can take a year or more to complete the discovery process and determine the trial date for your case. It is crucial to talk with an experienced Long Island auto accident attorney as early as possible in the process.