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Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages may be significant after a car accident. An experienced lawyer can assist you receive the compensation that you require.

The process is different from case to case but generally starts by filing an action. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an essential element of any auto accident lawsuit. They can help the jury or judge know the effects of the accident on your life. This includes the emotional, financial physical, and emotional costs. Medical records can also tell an insurance company a story they will have a tough time disputing.

According to the laws of your state and the policies of your doctor You may be granted limited time to request medical records from healthcare providers. You should speak with your lawyer as soon following an accident as it is possible. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these documents. But, this doesn’t mean that only you or your attorney can see your medical records. Insurance companies are often keen to discover anything that may indicate that your injuries were not pre-existing or not as severe as you claim.

Your lawyer will utilize the medical records you provide to draft the letter of demand that will include evidence supporting the damages you seek. It is crucial that your lawyer only provide relevant medical records to the insurance company since they might ask you to sign an authorization that permits them to access all your medical records. This is not in the best interest of your claim as it may reveal injuries from the past that are not related to the claim.

Reports of Police

Police reports are generated every time a law enforcement officer responds to an emergency call and also car accidents. 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 is an objective view of what happened in the crash, based upon witness testimonies and the officer’s observations regarding the damage to the vehicle as well as weather conditions, drivers, and so on. It is an important piece of evidence that could help you win your car accident lawsuit against the defendant.

You can usually request a copy of the records from the precinct responsible for the investigation. Call auto accident attorney richmond and provide the receipt or incident number as identification. The police department might have a website on which you can request copies of records online.

You will need to file a suit against the driver who was at fault once your medical bills as well as lost wages and property damage exceed a certain value. The police report can be a valuable tool in settlement negotiations, especially if you can prove the other driver’s fault through the observations of the officer. Many cases are settled without going to trial. The process of preparing for trial can be lengthy and your case might not be resolved until one year after filing it.

Insurance Company Negotiations

Once an adjuster has all the details they require from you, and the car accident investigation and investigation, they will make a settlement offer. To generate their first offer, they will enter all the information and details into a computer program. They’ll most likely arrive at a figure which is lower than what you calculated from your investigation. When insurance companies make settlement offers, they have their own financial interest in their minds.

They’ll seek to limit the amount they will have to pay for medical bills and other damages. You can fight back by pointing out the many ways that your injuries will affect your life in the near future. For instance, you can draw attention to your increasing medical bills, your diminished earning capacity and the emotional and physical pain that you’re currently experiencing.


Your attorney or you then prepare the letter of demand and present it to an insurance company. This letter will include all the evidence you’ve gathered such as witness statements and photos of your injuries. Also, you will create a list of the non-negotiables that will keep the insurance company from undervaluing your claim. Once an agreement is reached the written settlement agreement will reflect it. It’s common for a back-and-forth to occur during these negotiations, but remaining patient will help you achieve an acceptable settlement.

Legal Advice

The next phase in the car accident lawsuit is discovery, in which both sides exchange information and evidence. Parties may request medical records, police reports and witness statements. The parties will also exchange interrogatories which are written inquiries which have to be answered on an oath within certain times. Your lawyer will also record the severity of physical psychological, emotional, and physical injuries you’ve suffered, and any other damages which could be sought, including current and projected medical expenses, property damage, and lost wages.

Your lawyer will consult with other experts like mechanics, medical experts, and engineers. These experts will help paint an appealing image of the accident and the extent of your injuries to the jury.

Finally, your attorney will begin discussions with insurance companies to try to settle your claim with out a trial. If the insurance company offers a low amount of money or does not take your injuries and other damages into account, your case will likely go to trial.

While a small number of cases do go to trial, it is vital for the victims to begin a lawsuit as soon as is possible. Over time, memories fade, witnesses pass away, and evidence disappears and it becomes more difficult to establish a solid claim for maximum compensation. You must also adhere to the statute of limitations in your state which can vary from 1 to 6 year.