Do Not Believe In These "Trends" About Auto Accident Claim

Author : Womble Montgomery | Published On : 03 Jul 2024

The Intake Process for Car Accident Litigation

An experienced lawyer in defending car accident cases can help you determine the potential strength of your case and the amount of settlement you could get. This is only possible if all the information you require is available.

Discovery is the very first step of an auto accident case. During this phase attorneys and their teams discuss documents and answer questions under an oath.

auto accident lawyer south bend is a significant element of an accident. This could include evidence such photographs, medical records, or witness statements. Generally speaking, the more evidence you can provide to support your claim, the more convincing your claim will be.

A law enforcement report is the first document you need. The police officer who arrives at the scene of the accident is likely to prepare a written report. This will provide valuable details about the incident and who was responsible for it.

If needed, your attorney can use a police report to gather additional evidence. If the accident occurred in a place of business for instance, an employee may have recorded video footage. If this is the case, you must ask for a copy of the footage from the business.

Note any costs you have incurred because of the accident. Document all expenses you have incurred as a result of. These could include medical bills and records of your treatment, receipts from medications rental car expenses for in-home assistance, care at home transport costs, and many more. You should also document any income lost due to your accident. You can use old tax returns and pay stubs.

If you are able, obtain the names of witnesses to the accident as well. These people may be able to give valuable information, especially if you can get them to be a witness in court. It is important to remember that witnesses could alter their stories and forget details about the incident as time passes.

Intake and Investigation

The intake process is essential to getting an adequate amount of compensation for your injuries from an accident, whether you have filed an insurance claim or you are suing the person at fault. Your attorney will begin by looking over your medical records, as well as obtaining copies of accident reports, as well as other evidence. They will also visit and document the accident scene.

This will help them determine the extent of your injuries in relation to future and projected costs for your emotional and physical suffering. They will then review your financial losses to determine the value of your case. The damages could not be limited to only current and future medical expenses, but also your loss of income and property damage.

Your lawyer will also conduct an investigation, including interviewing any witnesses and analyzing all the available evidence. They will also gather information about the driving habits and cell phones of the driver at fault in order to see how they used their vehicle at the time. This is particularly important when there was a collision with an Uber or Lyft vehicle, or any other indication that the driver worked while on the clock.

Additionally your lawyer will also ask questions regarding the defendant's prior criminal and traffic offense history during the discovery process. These details are generally not admissible, but they could be used to undermine the defendant's credibility in cross-examination.

The process of negotiating a settlement

After you've obtained the medical documents then your lawyer will begin negotiations to settle the matter. The insurance company is likely to make an initial offer that is less than what you requested in your letter. This is a method to determine the strength of your case. In the counteroffer, it is important to highlight the strongest arguments you have in your favor - for example, that the insured was entirely at the fault, and that you suffered severe injuries with high medical expenses. Negotiating back and forth should eventually result in a fair and reasonable amount.

An experienced accident lawyer can effectively argue for the merits of your claim including presenting evidence to support your losses. This may include photos of the car's damage, a police report and witness testimony. We also know how to determine the value of each element of your claim, like lost income and pain and suffering.

If the insurance company is unwilling to pay a reasonable amount at the moment, we can make a claim. A trial typically lasts between one and two days, and is judged by either a judge or jury. If your case settles before reaching this stage it could take months. Your attorney might also be able to file a summary motion to enter judgment. This involves asserting all of the evidence to your advantage and arguing that it's impossible for the other side to win.

Filing a Lawsuit

In the majority of car accident cases, the parties are able to resolve their disputes outside of court. Our team will help you negotiate an agreement with the other driver's insurance company or directly with the person at fault. If no agreement is reached, our attorneys will file a suit against the defendant. The Complaint outlines your claims and allegations relating to the accident and why you are entitled to compensation. The defendant will be served the Complaint and given a specified time frame to respond to it.

The discovery phase is where our attorneys and the defendant begin to exchange documents and other materials while asking questions through interrogatories or depositions. Our team will be asking questions to the lawyer of the defendant regarding their view of the events, including what injuries you have suffered and how they believe it occurred. We will also seek experts to back our claims.


During the discovery phase, your lawyer may make legal documents known as motions in court to be decided by an individual judge. This could mean asking the court to block evidence or set a trial date. It can take up to one year for the discovery process to be completed and a trial date to be set. It is crucial to talk with an experienced Long Island auto accident attorney as early as possible in the process.