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The Intake Process for Car Accident Litigation

A lawyer with experience in car accident litigation will be able to help you determine the strengths of your case as well as the amount of settlement you can get. But this is only possible 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 ask each other questions under oath.

Documentation

A large portion of the work involved in a car crash investigation is gathering evidence. This could be evidence like photos, medical records or witness statements. The more documentation that you have, the more convincing your case.

A police report is the very first document you need. Typically the police officer who arrives at the scene of the accident will prepare an investigation report. This will provide important information about how the accident occurred and who was at fault for the incident.

If needed your lawyer has the option of using an investigation report to collect additional evidence. For example, if the incident took place in a commercial the employee who worked at that area may have recorded footage of the incident. If this is the case, you must seek a copy from the company.

Keep track of any expenses you incur as a result of the accident. auto accident attorneys jersey city have incurred as a result of. This could include medical expenses and records of your treatment, medication receipts rental car fees as well as in-home assistance or care as well as transportation costs. Also, you should document any income you lose due to your injury. This could include old pay slips and tax returns.

If you can, get the names of any witnesses to the incident as well. They can be valuable sources of information for your case, particularly in the event that they are able to be present at trial. It is important to remember that witnesses could alter their accounts and forget details regarding the accident as time passes.

Intake and Investigation

If you’ve made a claim with an insurance company or have started an action against the at-fault driver, the initial intake process is essential to receive the fair and complete compensation you deserve for the accident injuries. Your lawyer will begin by reviewing your medical records, obtaining copies of accident reports as well as other evidence. They will also visit and document the scene of the accident.


This information will allow them to assess the severity of the injuries you’ve suffered in terms of future and current costs for your emotional or physical suffering. Then, they will look at your current and future financial losses in order to determine the worth of your case. The damages could include not only current and future medical expenses, but also loss of income as well as property damage.

Your lawyer will also conduct an investigation by interviewing witnesses and analyzing all the 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 collision. This is especially important in the event that there was a collision with an Uber or Lyft car, or any other evidence that suggests the driver was working on the clock.

In addition your attorney may inquire about the defendant’s criminal and traffic offence history in the discovery process. Generally, these details are not admissible in court but they could be helpful to discredit the credibility of the defendant during cross examination.

The process of negotiating a settlement

After obtaining the medical records after which your lawyer can start negotiations to settle the matter. The insurance company may make an initial offer that is smaller than the amount that you requested in your letter. This is a tactic to see how strong your argument is. When you counteroffer, it’s crucial to highlight the most powerful points you have in your favor. For instance, you could argue that the insurance company was in the wrong and that there were serious injuries as well as the medical costs were high. Negotiating back and forth will eventually result in an acceptable and reasonable amount.

An experienced accident lawyer can effectively argue your claim’s merits by presenting evidence to justify 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, like lost income and suffering and pain.

If at this point the insurance company is still refusing to provide a reasonable amount, we have the option to bring a lawsuit to court. A trial usually lasts for up to two days and is usually ruled by a judge (called a bench trial) or jurors. If your case settles prior to reaching this stage, the process can take months. Your attorney may be capable of filing a motion for summary judgment. This is a way of claiming that all evidence is in your favor, and arguing that it’s impossible to allow the opponent to prevail.

Filing a Lawsuit

In the majority of car accident cases parties can resolve their disputes without going to court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the party at fault. However, if an agreement is not reached our lawyers will start a lawsuit against the defendant. The Complaint will list your claims and details about how the accident occurred and the reasons you are entitled to compensation. The defendant is served the Complaint and given a specific amount of time to respond.

During the discovery phase, our lawyers will discuss documents and other materials with the defendant and ask questions via interrogatories or depositions. Our team will be asking questions to the defendant’s lawyer about their version of the events, such as what injuries you’ve suffered and how they believe it happened. We will also seek out expert opinions that enforce our position.

During the discovery phase, your lawyer can file legal documents called motions to the court for a judge to rule on. This can include requests for the court to exclude certain evidence or to set an appointment for trial. It could take a full year or more to complete the discovery process and establish the trial date for your case. This is why it’s vital to work with an experienced Long Island car accident attorney early in the process.