The Intake Process for Car Accident Litigation

A lawyer who is specialized in litigation involving car accidents can help you determine how strong your case is, and how much your settlement could be worth. But it is only possible when you have all the information needed.

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

Documentation

Documentation is a significant part of the work in the event of a car crash. This could be evidence like medical records, photos or witness statements. Generally, the more documentation you have to support your claim the stronger your case will be.

A police report is the primary document you should have. The police officer who arrives at the accident scene will typically prepare a report. This report will provide important details about the accident and who was responsible.

If needed you need to, your attorney can make use of the police report to gather additional evidence. For example, if the incident occurred at a company or office, an employee working at the location might have recorded footage of the incident. If that’s the case, a copy of the tape should be requested from the business as soon as it is possible.

Document any expenses you incurred due to the accident. Record any costs you incur due to. This can include medical bills and records of your treatment, receipts for medications rental car expenses and in-home assistance or care expenses for transportation, and more. Also, you should document any income loss due to your injury. This can include old pay slips and tax returns.

If you can, get the names of witnesses to the incident as well. These people may be able to give valuable information, especially if can convince them to appear in court. It is important to keep in mind that witnesses could alter their story and forget details regarding the accident as time passes.

Intake and Investigation

The process of intake is vital to receiving an adequate amount of compensation for your injuries from an accident regardless of whether you’ve made an insurance claim or you are suing the person at fault. Your lawyer will begin by looking over your medical treatment documents, as well as copies of accident reports, and other evidence. They will also visit and document the accident scene.

This information will help them determine the extent of your injuries both in terms of future and current costs for your physical and emotional suffering. They will then review your existing and expected financial losses to determine the total value of your case. The damages you incur could include not only your present and future medical costs but also lost income and property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all the available evidence. They will also collect the driver who was at fault and their driving phone records to determine the way they used their vehicle at the time of the crash. This is particularly important if there was a collision involving an Uber or Lyft car, or any other indication that the driver was on the clock.

As part of the discovery process, your lawyer will also ask about the defendant’s traffic and criminal record of offenses. Generally, these details are not admissible in court, but they could be helpful to discredit the credibility of the defendant in cross-examination.

Negotiating a Settlement

Once you have the medical records after which your lawyer can start settlement negotiations. The insurance company is likely to make an initial offer that is lower than the amount you requested in your letter. This is a method to determine the strength of your case. In your counteroffer, it’s crucial to emphasize the most important points that you have in your favor. For example, that the insurance company was at fault and there were severe injuries and expensive medical expenses. Eventually, back and forth bargaining should result in an amount that is fair and reasonable.

A skilled accident lawyer can effectively argue your claim’s merits including presenting evidence to prove your losses. This could include photos of the car’s damage along with a police report as well as witness testimony. We also know how to calculate the value of various elements of your claim, like lost income and pain and suffering.

At this point, if the insurance company is still refusing to offer a reasonable amount, we can decide to start a lawsuit in the courtroom. A trial typically lasts up to two days and is usually ruled by an individual judge (called a bench trial) or by jurors. If your case is settled prior to reaching this stage the process could take months. Your attorney may be eligible to file a motion for summary judgement. This involves asserting all of the evidence in your favor and arguing that it’s impossible for the opposing side to prevail.

Filing a Lawsuit

In the majority of car accident cases the parties are able to settle their disputes outside of court. Our team can help you negotiate with the insurance company of the driver who caused the accident or directly with the person who is at fault. If an agreement is not reached, our lawyers will start a lawsuit against the defendant. The Complaint contains your claims as well as allegations regarding the accident and why you are entitled to compensation. The defendant will be served the Complaint and given a particular time frame to respond to it.

The discovery phase is when our lawyers and the defendant will begin to exchange documents and other material while asking questions through interrogatories or depositions. Our team will ask questions to the lawyer for the defendant about their view of the events, including what damages you’ve suffered and the way they believe it occurred. auto accident attorneys district of columbia will also solicit expert opinions to support our position.

During the discovery process, your lawyer could submit legal documents known as motions to the court for a judge to rule on. This could include requests for the court to omit certain evidence or to schedule the date for a trial. It can take a year or more to complete the process of discovery and to set the trial date for your case. It is crucial to talk with an experienced Long Island auto accident attorney early in the process.