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Phases of an Auto Accident Lawsuit

Car accident injuries can result in significant medical bills as well as property damage and loss of wages. An experienced lawyer can help you get the compensation you need.

The process may differ depending on the case, but typically, it starts with the filing of a complaint. The discovery phase, trial, and appeals follow.

Medical Records

Medical records are a vital part of any auto accident case. They can help a judge or jury understand the impact of the injury on your life. This includes the financial, emotional physical and emotional costs. Insurance companies will be unable to refute the story portrayed by medical records.

Depending on your state’s laws and the policy of your doctor You may be granted only a short amount of time to request medical documents from healthcare providers. This is why you should discuss your legal needs as soon as you can after an accident. The law protects your access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones who can examine your medical records. Insurance companies are always looking for anything that could indicate that your injuries aren’t as serious as you claim or that you have a pre-existing condition.

Your lawyer will use the medical information you provide to draft the letter of demand, which will include evidence supporting the damages you are seeking. Your lawyer must only provide the relevant medical records to your insurance company. They might require you to give them permission to access your entire medical record. This is not in the best interest of your claim because it could reveal past injuries not related to the claim.

Reports of Police

When a police officer responds to a request for help, which could include an accident, he produces a report. Although they are not admissible in a court of law (they are deemed to be hearsay) they can provide valuable information for attorneys who are conducting investigations and preparing cases.

A police report provides an objective account of the accident that is based on the witness testimony of the officer and his observations of the weather conditions, the drivers, and other elements. It’s a vital piece of evidence that could aid you in winning a car accident lawsuit.

You can usually request a copy of the records from the police precinct that handled the investigation. Contact their non-emergency number and provide a receipt or an incident number as identification. You can request copies of your police report on the police department’s website.

You’ll need to file a suit against the driver at fault when your medical bills, lost wages, and damages to property reach a certain value. The police report is an essential tool in settlement negotiations, especially when you can prove the other driver’s responsibility through the observations of the officer. But, many cases settle settlements without ever going to trial. The process of preparing for trial can be lengthy and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

When the adjuster has all the information he needs from you and your automobile accident investigation, he will make a settlement offer. In auto accident attorney asheville to create their first offer, they’ll input all the information and details into an application on computers. Most likely, they will arrive at a smaller number than what you estimated using your study. When insurance companies offer settlement offers, they’ve got their own financial interest in the back of their heads.

They’ll be looking to reduce the amount they are required to pay for medical bills and other damages. You can counter by pointing out the ways in which your injuries will impact your life in the near future. You can, for example mention your increasing medical bills and the loss of earning potential, as well as the physical and mental suffering you’re feeling.

Your lawyer or you will prepare a demand form and present it to the insurer. This letter should include all the evidence you’ve collected, including witness statements and photos of your injuries. Additionally, you should create an inventory of non-negotiables in order to prevent the insurance company from undervaluing your claim. Once an agreement is reached the agreement will be recorded in the form of a written settlement agreement. Negotiations are often a back and forth affair, but being patient can ensure a fair settlement.

Legal Advice


The next phase in the car lawsuit involving an accident is discovery. During this process, both parties exchange information and evidence. Parties can request medical documents, police reports or witness statements. They can also send each other interrogatories (written questions that have to be answered under oath by the end of a specified time). Your lawyer will also record the severity of the physical emotional, psychological, and physical injuries you’ve sustained, in addition to any other damages which could be sought, like future and current medical expenses or property damage, as well as lost wages.

Your lawyer will speak with other experts, including mechanics, medical professionals and engineers. These experts can assist the jury to get clear information about your injuries and the accident.

Your lawyer will then begin negotiations with the insurance companies in order to settle your case without trial. If the insurance company offers you a low amount of money or does not take your injuries and other damages into account the case will go to trial.

Although few cases actually make it to trial, it is vital for the victims to make a claim as soon as possible. Memory fades, witnesses disappear and evidence may be lost over time, making it harder to present a convincing case to get the maximum amount of compensation. You must also follow the statute of limitations for your state which can range from 1 to 6 years.