Write About Everything

The Intake Process for Car Accident Litigation

A lawyer with experience in car accident litigation will be able to assist you determine the worth of your case and the amount of settlement you could receive. However this is only feasible when you have all the information needed.

Discovery is the initial step of an auto accident case. During this stage, attorneys and their teams exchange documents and discuss their respective cases under swearing.

Documentation

The majority of the work involved in a car wreck case is collecting evidence. This could include evidence like photographs, medical records, or witness statements. Generally, the more documentation you can provide to support your claim, the more convincing your argument will be.

The first piece of documentation you should have is a police report. Typically the police officer that arrives at the scene of the crash will prepare reports, and these will provide crucial information on how the accident occurred and who was at fault for the incident.


If required auto accident lawyer norwalk need to, your attorney can make use of the police report to gather additional evidence. For instance, if the incident occurred in a business the employee who worked at that location might have recorded footage of the incident. If this is the case, seek a copy from the business.

Note any costs you have incurred as a result of the accident. This can include medical bills and records of your treatment, receipts for medication rental car costs and in-home assistance or care as well as transportation costs and more. You should also document the loss of income due to your injury. You can use your old tax returns and pay stubs.

You should also try to find the names of witnesses. These people may be able to provide important information, especially if you are able to have them be a witness in court. However, it’s important to keep in mind that witnesses may alter their stories over time and they may forget details about the incident.

Intake and Investigation

If you’ve made an insurance firm or are beginning a lawsuit against an at-fault driver, the process of intake is crucial to getting the full and fair amount of compensation for your injuries from a crash. Your lawyer will begin by looking over your medical records, as well as obtaining copies of accident reports, as well as other evidence. They will also go to the scene of the accident to document and observe what they can.

This information will help them understand the extent of your injuries both in terms of future and current costs for your physical and emotional suffering. They will then analyze your financial losses to estimate the value of your case. Your damages may include not just future and present medical expenses, but also lost income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing the available evidence. They will also gather the driving and cell phone records of the drivers who were at fault to determine if they were using their vehicle during the time. This will be especially important if the collision involved an Uber or Lyft vehicle or any other indicator that the driver was working while working, as this could negatively impact their ability to pay for your damages.

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

Negotiating a Settlement

After receiving the medical records, you’re able to begin settlement negotiations. The insurance company will often make an initial offer that is much less than the amount you requested in your letter. This is a way to test the strength of your case. In your counteroffer, it’s essential to highlight the most compelling arguments you have to your advantage. For instance, you could argue that the insurer was at fault and that there were serious injuries as well as the medical costs were high. In the end, the back and forth negotiation will result in an amount that is fair and reasonable.

An experienced attorney can successfully argue the merits of your claim by presenting evidence to prove your losses. This could include photos of the car damage, police reports, and witness testimony. We also know how to determine the value of different elements of your claim, such as lost income and pain and suffering.

If the insurance company refuses to pay a reasonable amount at this point, we could bring a lawsuit. A trial typically lasts between one and two days and is conducted by either a judge or jury. If your case is settled before this stage, it can take several months. Alternatively, your attorney may be eligible to file a motion for summary judgement. This is where you present all the evidence in your favor and arguing that it’s impossible for the other side to prevail.

Filing a Lawsuit

In the majority of car accident cases the parties can settle their dispute out of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the person responsible for the accident. If there is no agreement our lawyers will bring an action against the defendant. The Complaint will include your claims and allegations about how the crash occurred and why you are entitled to compensation. The defendant will be served with the Complaint and given a specific amount of time to respond.

The discovery phase is the time when our lawyers and the defendant begin to exchange documents and other material while asking questions through interrogatories or depositions. Our team will ask the attorney for the defendant questions about their version of events, including how they believe the crash occurred and what injuries you’ve sustained. We will also request expert opinions that enforce our position.

During the discovery phase, your lawyer could file legal documents known as motions in court for a decision by the judge. This can include requesting the court to omit evidence or to schedule a trial. It can take a whole year or more to complete the discovery process and establish the date of trial for your case. This is why it’s crucial to work with an experienced Long Island car accident attorney early on in the process.