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Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages may be substantial following an auto accident. A knowledgeable attorney can help you get the compensation you need.

The procedure is different from case to case, but generally, it begins with filing an action. This is followed by the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an essential part of any auto accident case. They can help jurors or judges know how the injury had an impact on your life, including the emotional, physical and financial cost of your injuries. Medical records will also provide an account that insurance companies will have a tough time disputing.

You may only have a specific amount of time, depending on the laws in your state and the policy of your doctor to request medical records. This is why it is important to discuss your legal needs immediately following an accident. The law provides access to these records through the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones who can view your medical records. Insurance companies are always looking for anything that suggests your injuries might not be as severe as you think or that you have a pre-existing condition.

Your lawyer will utilize your medical records to prepare a demand letters, that will include evidence to support the damages you’re seeking. It is crucial that your lawyer only send relevant medical records to the insurance company as they may request you to sign an authorization that allows them to access all of your medical records. This is not beneficial to your claim as it may expose past injuries that are not relevant to this claim.

Police Reports

Every time a police officer responds to a request for help, such as an accident, he makes a police report. Even though they aren’t admissible in court (they are considered hearsay) they can provide valuable information to attorneys when investigating an accident and creating a case.

A police report gives an objective account of the incident, based on the witness’ testimony and the officer’s observations of the weather conditions, drivers, and other aspects. It is an important evidence that can aid you in winning an auto accident lawsuit.

Usually you can request a copy your police report from the police station that handled the investigation by calling their emergency number and supplying an invoice or incident number to identify the report. You can request copies of the report through the department’s website.

After your medical expenses or property damage, as well as lost wages exceed a certain amount, you will need to make a claim against the at-fault driver. The police report can be a useful tool in settlement negotiations, particularly when you can prove that the other driver was largely at blame based on the officer’s observations. A lot of cases are settled without going to trial. It can take time to work through the pre-trial procedures and your case might not be resolved for a long time.

Insurance Company Negotiations

After the adjuster has all of the information he needs from you and your car accident investigation, they will make a settlement offer. They will enter all the information and facts into a program that will generate their initial offer. Most likely, they will make a smaller number than what you estimated in your research. It’s important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.

They’ll want to reduce the amount they’ll need to pay for your medical bills and other damages. auto accident law firm kalamazoo can fight back when you explain how your injuries will negatively impact your life in the coming years. You could, for instance mention your increasing medical bills, your diminished earning potential, as as the mental and physical suffering you’re feeling.


Your lawyer or you create a demand letter and present it to the insurance company. This will include all the evidence you have gathered such as witness statements, photos of your injuries as well as any documents that support your losses. Also, you will create a list of non-negotiables to keep the insurance company from undervaluing your claim. If an agreement is reached it will be documented in a written settlement agreement. Negotiations often involve back and forth affair, but being patient can assist you in negotiating an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. The parties may request medical records, police reports, and witness statements. The parties will also exchange interrogatories that are written questions that have to be answered under the oath within a specified time. In addition your lawyer will record the extent of your physical emotional and psychological traumas and any other damages you may seek to compensate for that are incurred, such as future medical expenses, property damage and lost wages.

Your lawyer will speak with other experts, like mechanics, medical specialists and engineers. These experts can help the jury to get an accurate picture of the injuries and accidents you sustained.

Your attorney will then start discussions with the insurance companies to settle your case without a trial. If the insurance company doesn’t provide you with a fair settlement or does not take into account your injuries and other losses, your case is likely to go to trial.

While a small number of cases do make it to trial, it is important for victims to begin a lawsuit as soon as possible. As time passes, memories fade, witnesses die and evidence is lost and it becomes more difficult to present a compelling case for the most compensation. In addition, you must abide with the statute of limitations in your state, which can vary from 1 to 6 years.