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10 Auto Accident Claim-Related Meetups You Should Attend
The Intake Process for Car Accident Litigation

A lawyer who specializes in litigation involving car accidents can help you determine how solid your case is and also how the settlement you receive could be worth. But this is only feasible if you have all the necessary information.


The initial step in a car crash lawsuit is known as discovery. In this phase, attorneys and their teams exchange documents and ask each other questions under an oath.

Documentation

A large portion of the work involved in a car wreck case is obtaining documentation. This may include evidence like medical records, photos, or witness statements. Generally, the more documentation you have to support your claim, the stronger your argument will be.

The first piece of documentation that you must have is a law enforcement report. Typically the police officer that arrives at the scene of the accident will draft the report, and it will give important details about the circumstances of the crash and who was at fault for the incident.

If necessary your attorney has to use an investigation report to collect additional evidence. If the accident happened in the business environment, for example employees may have recorded video footage. If this is the case, ask for a copy of the footage from the company.

Document any expenses you incurred as a result of the accident. Document all expenses you have incurred as a result of. This can include medical bills and records of your treatment, receipts for medicines rental car expenses as well as in-home care or assistance as well as transportation costs and more. Additionally, you must document any lost income due to your accident. This could include old pay stubs and tax returns.

If you can, get the names of any witnesses to the accident as well. They can be important sources of information in your case, particularly in the event that they are able to be a witness in a trial. However, it is important to remember that witnesses can change their story over time and could forget specific details about the incident.

Intake and Investigation

The intake process is critical to receiving an adequate amount of settlement for your accident-related injuries regardless of whether you've filed an insurance claim or are suing the responsible party. Your attorney will start by reviewing your medical documents, and then obtaining copies accident reports and other available evidence. They will also go to the scene of the accident to observe and document what they can.

This information will allow them to understand the extent of the injuries you've suffered in terms of actual and projected costs for your physical or emotional suffering. They will then review your current and future financial losses to estimate the value of your case. Your damages can comprise not only your current and future medical costs but also income loss and property damage.

Your lawyer will also investigate, including interviewing any witnesses and reviewing all available evidence. They will also obtain the at-fault driver's driving and phone records to determine how they used their vehicle at the time of the crash. This is particularly important when there was a collision that involved an Uber or Lyft car or any other indication that the driver was working on the clock.

Additionally, your attorney will likely inquire about the defendant's past criminal and traffic-related offenses as part of the discovery process. These facts are usually not admissible, but they could be used to undermine the credibility of the defendant in cross-examination.

Negotiating a Settlement

After obtaining the medical records, your lawyer can begin settlement negotiations. In the beginning, the insurance company may make an offer that is often much lower than what you request in the letter. This is a way to assess how strong your case. When you counteroffer, it's essential to highlight the most compelling points that you have to your advantage. For example, the insurer was in the wrong and that there were serious injuries as well as expensive medical expenses. In the end, a lot of negotiations back and forth will result in an amount that is both fair and reasonable.

A skilled accident attorney will effectively argue the merits of your case, including presenting evidence to support your losses. This may include photos of your car damage, police reports or witness testimony. We also know how to calculate the value of various elements of your claim, such as loss of income, suffering and pain.

If at this point the insurance company is still refusing to offer a reasonable amount, we can choose to bring a lawsuit to court. A trial usually lasts for about two or three days and is either heard by a judge (called a bench trial) or a jury. If your case settles prior to reaching this stage, the process can take months. Your attorney may be able to file a motion for summary judgment. This is a way of presenting all the evidence in your favor and arguing that it is impossible for the opposing side to win.

Filing an action

In the majority of car accident instances, parties can resolve their disputes without the need for court. Our team will work to help you negotiate a settlement with the other driver's insurance company, or directly with the party at fault. However, if an agreement cannot be reached our lawyers will initiate a lawsuit against the defendant. The complaint contains your claims and allegations about the accident and the reasons why you are entitled to compensation. The defendant will be served with the Complaint and given a certain period of time to respond.

The discovery phase is where our lawyers and the defendant will begin to exchange documents and other evidence as they ask questions via interrogatories or depositions. auto accident lawyer charlotte will ask questions to the lawyer for the defendant about their interpretation of the events, including the injuries you've sustained and how they believe it took place. We will also search for experts to back our assertions.

During the discovery phase, your lawyer could prepare legal documents referred to as motions to the court to be decided by the judge. This can include requests for the court's decision to exclude certain evidence or to schedule a trial date. It can take up a year for the discovery process to be completed and a trial date set. It is imperative to speak with an experienced Long Island auto accident attorney early in the process.

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