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The Intake Process for Car Accident Litigation

A lawyer who is experienced in litigation involving car accidents can help you determine the strength of your case and the amount of settlement you could receive. This is only possible if all the information you need is available.





The initial step in a car accident lawsuit is known as discovery. During this stage, attorneys and their teams communicate with each other and ask questions under oath.

Documentation

The majority of the work involved in a car accident case is collecting evidence. This may include evidence like photos, medical records, or witness statements. Generally, the more documentation you can provide to support your claim, the stronger your claim will be.

A law enforcement report is the very first document you need. Typically the police officer that comes to the scene of the accident will draft the report, and it will provide important information about what happened and who was at fault for the incident.

Your lawyer may also utilize an official report from law enforcement to obtain additional evidence if required. If the accident occurred in the workplace such as a place of business an employee might have recorded video footage. If this is the case the tape must be requested from the company as soon as possible.

You should also document the expenses you incur as a result of the accident. This could include medical bills and records for your treatment, receipts for medicines rental car expenses, in-home care or assistance as well as transportation costs and much more. Also, you should document any income you lose due to your accident. This can include old pay stubs and tax returns.

It is also advisable to find the names of witnesses. They could be important sources of information in your case, particularly when they can be a witness in a trial. But, it's important to keep in mind that witnesses may alter their accounts over time, and may forget details of the incident.

Intake and Investigation

The process of intake is crucial to getting an adequate amount of settlement for your accident-related injuries regardless of whether you've submitted an insurance claim or you are suing the person at fault. Your lawyer will begin by reviewing your medical treatment documents, and then obtaining copies accident reports and other available evidence. They will also go to and document the accident scene.

This will help them to determine the severity of the harm you've suffered in terms of actual and projected costs for your physical or emotional suffering. They will also review your financial losses to determine the value of your case. The damages could include not only future and ongoing medical expenses, but also your lost income and property damage.

Your lawyer will also conduct an investigation into the incident, including interviewing witnesses and analyzing any evidence. They will also collect the driving and cell phone records of the drivers who were at fault to see how they used their vehicle at that time. This is particularly crucial if the crash involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was working while on the job, since this could negatively impact their ability to cover your damages.

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

Negotiating a Settlement

Once you have received the medical records, you can start settlement negotiations. The insurance company is likely to make an initial offer that is much less than the amount you demanded in your letter. This is a way to see how strong your case is. In the counteroffer it is crucial to highlight the most powerful arguments you have in your favor - for example, the insured was fully at fault and that you suffered severe injuries with high medical expenses. Eventually, negotiations back and forth will lead to an amount that is both fair and reasonable.

An experienced accident lawyer can effectively argue the benefits of your claim, including presenting evidence supporting your losses. This could include photographs of the car damage as well as a police report and witness testimony. We can determine the various elements of your claim such as loss of income or pain and suffering, as well as police reports.

At this point, if the insurance company refuses to offer a reasonable amount, we have the option to make a claim in court. A trial usually lasts between one and two days and is ruled on by a judge or a jury. If your case settles before this stage, it can take several months. Or, your lawyer may be eligible to file a motion for summary judgement. This involves asserting that all evidence is in your favor and arguing that it is impossible for the other side to prevail.

Filing a Lawsuit

In the majority of car crash instances, parties can settle their disputes outside of court. Our team can assist you negotiate with the insurance company of the other driver or directly with the party responsible for the accident. However, if an agreement cannot be reached, our lawyers will start a lawsuit against the defendant. The Complaint will detail your claims and allegations about the circumstances of the crash and why you are entitled to compensation. The defendant is served the Complaint, and given a set time frame to respond.

auto accident lawyer rochester is when our lawyers and the defendant begin to exchange documents and other evidence and ask questions via interrogatories or depositions. Our team will pose questions to the defendant's lawyer about their perspective on the events, such as what injuries you've sustained and the way they believe it happened. We will also look for experts to back our claims.

During the discovery phase, your lawyer could file legal documents known as motions with the court for the decision of an individual judge. This could mean asking the judge to exclude evidence or set a trial date. It could take up to one year for the discovery process to be completed and a trial date established. This is why it's crucial to consult with a seasoned Long Island car accident attorney early in the process.