The Intake Process for Car Accident Litigation

An experienced lawyer in car accident litigation can help you determine the strength of your case and the amount of settlement you can receive. But it is only possible when you have all the necessary information.

The first step in a lawsuit involving a car accident is called discovery. During this stage attorneys and their teams exchange documents and discuss their respective cases under an oath.

Documentation

Documentation is a large aspect of the investigation in an sacramento auto accident law firm accident. This could include evidence such photos, medical records or witness statements. The more documentation that you have the better your case will be.

The first piece of documentation you should have is a report from the police. Typically the police officer that comes to the scene of the accident will draft an investigation report. This will give important details about how the crash occurred and who was responsible for the incident.

Your attorney can also use the law enforcement report to seek additional evidence in the event of need. If the incident occurred in an office for instance an employee could have recorded video footage. If this is the case the tape must be requested from the business as soon as is possible.

You should also record any expenses you incurred as a result of the accident. This can include medical bills and records for your treatment, receipts for medication rental car expenses and in-home assistance or care transport costs, and many more. In addition, you should record any income loss as a result of your accident. You can utilize old tax returns and pay stubs.

If you can, collect the names of witnesses to the incident as well. These people can serve as important sources of information in your case, particularly in the event that they are able to give evidence at trial. However, it is important to remember that witnesses can change their testimony over time and forget details of the incident.

Intake and Investigation

If you've filed a claim with an insurance company or are starting a lawsuit against an at-fault driver, the process of intake is essential to obtaining full and fair compensation for the accident injuries. Your attorney will start by looking through your medical records, obtaining copies of accident reports as well as other evidence. They will also visit the scene of the crash to take note of what they can.

This information will enable them to understand the extent of the injuries you've sustained, both in terms actual and projected costs for your emotional or physical suffering. They will then analyze your existing and expected financial losses to estimate the value of your case. Damages could include not only your current and future medical expenses as well as lost income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing the available evidence. They will also take 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 particularly crucial if the crash involved an Uber or Lyft vehicle, or any other evidence that suggests the driver was working while at work, as this could negatively impact their ability to cover your damages.

Additionally your attorney may inquire regarding the defendant's prior criminal and traffic-related offenses in the discovery process. Generally speaking, these facts are not admissible in court, but they could be helpful to undermine the credibility of the defendant during cross-examination.

The process of negotiating a settlement

After receiving the medical records, you are able to begin negotiations for settlement. The insurance company may make an initial offer that is much smaller than the amount that you requested in your letter. This is a strategy to see how strong your case is. In your counteroffer, it's crucial to highlight the most powerful points that you have to your advantage. For example, that the insurance company was at fault and there were severe injuries and significant medical expenses. The process of negotiating back and forth should eventually lead to an acceptable and reasonable amount.

An experienced accident lawyer can successfully argue the benefits of your claim, by presenting evidence to prove your losses. This could include photos of the damage to your vehicle 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 suffering and pain.

If the insurance company refuses to pay an amount that is reasonable at the moment, we can make a claim. A trial usually lasts between one and two days, and is heard either by either a judge or jury. If your case settles prior to reaching this phase the process could take months. Your attorney might also be able to file a summary motion for judgment. This is where you present all the evidence to your advantage and arguing that it is impossible for the other side to win.

Filing a Lawsuit

In the majority of car accident cases, the parties are able to resolve their disagreement outside of court. Our team will help you negotiate with the insurance company of the other driver or directly with the party who was at fault. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint will contain your claims and allegations relating to the accident, and explains why you are entitled to compensation. The defendant is served the Complaint, and given a set amount of time to respond.

During the discovery phase, our attorneys will share documents and other evidence with the defendant while asking questions via interrogatories as well as depositions. Our team will ask the defendant's attorney questions regarding their interpretation of the events, such as what they believe happened during the crash, as well as how they think it occurred and the injuries you've sustained. We will also seek out experts to back our position.

During the discovery process your lawyer can file legal documents called motions to the court to a judge's decision on. This could mean asking the court to block evidence or schedule a trial. It can take up to one year for the investigation process to be completed and a trial date scheduled. It's crucial to consult with an experienced Long Island auto accident attorney early during the process.