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The Intake Process for Car Accident Litigation

A lawyer with expertise in car accident litigation can assist you in determining how strong your case is as well as how the settlement may be worth. But this is only feasible when you have 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 a large aspect of the investigation in the event of a car crash. This can include evidence like medical records, photos or witness statements. In general, the more evidence you have to support your claim the more convincing your argument will be.

The first piece of evidence that you must have is a police report. Typically, the police officer who comes to the scene of the accident will prepare a report, and this will provide crucial information on the circumstances of the crash and who was responsible for the incident.

If necessary your lawyer has the option of using a police report to gather additional evidence. For instance, if the incident took place in a commercial, an employee at that area may have recorded footage of the incident. If this is the case, request a copy of the video from the business.

You should also document any expenses you incurred due to the accident. These could include medical bills, records of your treatment, medication receipts, rental car charges, in-home assistance or care transport costs, and many more. You should also document any income you lose due to your accident. This can include old pay stubs as well as tax returns.

You should also try to find the names of witnesses. They might be able to give valuable details, especially if can convince them to be a witness in court. It is important to keep in mind that witnesses can alter their story and forget details about the incident over time.

Intake and Investigation

The process of intake is crucial in obtaining an adequate amount of compensation for your injuries sustained in an accident, whether you have submitted an insurance claim or are suing the responsible party. Your attorney will start by looking through your medical records, and obtaining copies of accident reports and other evidence. They will also visit the site of the crash to take note of what they can.

This will allow them to understand the extent of the injuries you've sustained in relation to current and projected costs for your physical or emotional suffering. They will then analyze your existing and expected financial losses to determine the value of your case. The damages could include not only your present and future medical expenses but also lost income and property damage.

Your lawyer will also investigate the incident, which includes interviewing witnesses and analyzing any available evidence. They will also gather the driver at fault's driving records and cell phone records to see what they were doing with their vehicle at the time of the accident. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other sign that the driver was on the job, as this could affect the ability of them to pay damages.

As part of the discovery procedure, your lawyer will also inquire about the defendant's criminal and traffic conviction records. Generally speaking, these facts are not admissible in court but they could be helpful to undermine the credibility of the defendant during cross-examination.

Negotiating a Settlement

Once you have received the medical records, you're able to start settlement negotiations. The insurance company may make an initial offer that is much smaller than the amount that you demanded in your letter. This is a tactic to test how convincing your case is. In the counteroffer, you must be important to emphasize the strongest arguments you have in your favor - for instance, that the insured was at the fault and that you sustained serious injuries that resulted in high medical expenses. Negotiating back and forth should eventually lead to an appropriate and fair amount.


A skilled attorney for accidents can effectively argue the merits of your claim, by presenting evidence to prove your losses. This could include photos of the damage to your car along with a police report as well as witness testimony. We also know how to determine the value of different elements of your claim, including lost income and pain and suffering.

At auto accident law firm columbia , if the insurance company still refuses to offer a fair amount, we have the option to file a lawsuit in court. A trial usually lasts between one and two days and is conducted by an attorney or a jury. If your case settles before reaching this phase, the process can take months. Your lawyer may also be able file a summary motion to enter judgment. This is where you present all the evidence in your favor and arguing that it is impossible for the opposing side to win.

Filing a Lawsuit

In the majority of car crash cases, the parties can resolve their disputes without the need for court. Our team can assist you negotiate with the insurance company of the driver who caused the accident or directly with the person responsible for the accident. If there is no agreement our lawyers will initiate an action against the defendant. The Complaint will list your claims and allegations about the cause of the crash and why you are entitled to compensation. The defendant is served the Complaint and given a specified amount of time to answer.

The discovery stage is when our attorneys and the defendant will begin to exchange documents and other information while asking questions through interrogatories or depositions. Our team will inquire to the lawyer representing the defendant about their interpretation of the events, including what injuries you have suffered and the way they believe it occurred. We will also seek expert opinions to support our position.

During the discovery process, your lawyer may submit legal documents known as motions to the court for a judge's ruling on. This may include requests for the court's decision to exclude certain evidence or to set a trial date. It could take a year or more to complete the discovery process and set a trial date for your case. It is imperative to speak with an experienced Long Island auto accident attorney at the earliest possible point in the process.

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