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The Intake Process for Car Accident Litigation

A lawyer with expertise in the area of car accident litigation will assist you in determining how strong your case is, and how the settlement you receive could be worth. But, this is only possible with all the information needed.

Discovery is the very first step of a car accident case. During this stage attorneys and their teams exchange documents and ask each other questions under the oath.

Documentation

Documentation is an integral part of the work in the event of a car crash. This could include evidence such as photos, medical records or witness statements. In general, the more evidence you have to support your claim, the stronger your claim will be.

The first document that you must have is a law enforcement report. The police officer who arrives at the scene will usually write a report. It will give valuable information about the accident and who was responsible.

If needed your attorney has to use a police report to gather additional evidence. If the accident happened in a place of business, for example an employee could have recorded video footage. If this is the case, request a copy from the company.

Record any expenses you have incurred due to the accident. Document all expenses you have incurred as a result of. This can include medical bills and records of your treatment, receipts for medication rental car fees for in-home assistance, care at home, transportation costs and more. It is also important to document any income lost due to your injury. This could include old pay stubs and tax returns.

If you are able to, request the names of any witnesses to the accident as well. These people can serve as important sources of information in your case, especially in the event that they are able to be a witness in a trial. It's important to remember that witnesses may alter their story and forget details about the incident as time passes.

Intake and Investigation


The intake process is critical to getting an adequate amount of settlement for your accident-related injuries, whether you have made an insurance claim or you are suing the person at fault. Your lawyer will begin by looking over your medical records, obtaining copies accident reports and other evidence. They will also visit the scene of the crash to observe and document what they can.

This information will help them know the extent of your injuries as well as the future and projected costs for your emotional and physical suffering. They will then review your existing and expected financial losses to determine the value of your case. Damages could comprise not only your current and future medical costs as well as lost income and property damage.

Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and reviewing any available evidence. They will also collect the driving and cell phone records of the drivers who were at fault to determine how they operated their vehicle at that time. This is particularly important if the collision involved an Uber or Lyft vehicle, or any other indication that the driver was working while working, as this could negatively impact the ability of them to pay damages.

In addition your lawyer will also ask questions regarding the defendant's prior criminal and traffic-related offenses as part of the discovery process. These facts are usually not admissible, but can be used to undermine the defendant's credibility during cross-examination.

Negotiating a Settlement

After you have obtained the medical records after which your lawyer can start negotiations for settlement. In the beginning the insurance company will present an offer that is usually significantly lower than the amount you demand in the letter. This is an opportunity to assess the credibility of your argument. In the counteroffer, it is crucial to highlight the most powerful arguments in your favor, for example, that the insured was completely at the fault, and that you suffered severe injuries with the highest medical costs. Negotiating back and forth could eventually lead to an equitable and reasonable amount.

A skilled attorney for accidents will effectively argue the merits of your claim, including presenting evidence supporting your losses. This may include photos of the damage to your vehicle, a police report and witness testimony. We have the ability to calculate various elements of your claim, such as loss of income as well as pain and suffering, and police report.

If the insurance company is unwilling to pay an amount that is reasonable at this point, we may bring a lawsuit. A trial typically lasts between one and two days and is conducted by an attorney or a jury. If your case settles prior to this stage, it can take several months. Your lawyer may also be able file a summary motion to dismiss. This involves asserting that all evidence is in your favor and arguing it's impossible for the opposing side to prevail.

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In a majority of car accident cases the parties are able to settle their dispute out of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the driver at fault. If no agreement is reached, our lawyers will file a suit against the defendant. The Complaint contains your claims and allegations regarding the accident and the reasons why you are entitled to compensation. The defendant will be served the Complaint and given a specific amount of time to respond to it.

The discovery phase is where our attorneys and the defendant begin to exchange documents and other evidence as they ask questions via interrogatories or depositions. Our team will ask the defendant's attorney questions about their version of the events, including what they believe happened during the crash, as well as how they think it occurred and what injuries you've suffered. We will also seek out expert opinions to support our claims.

During the discovery process your lawyer can submit legal documents known as motions to the court for a judge's ruling on. This could include requests for the court's decision to exclude certain evidence or set an appointment for trial. It could take up to one year for the discovery process to be completed and a trial date to be set. This is why it's important to partner with an experienced Long Island car accident attorney early on in the process.

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