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Phases of an Auto Accident Lawsuit

Property damage, medical bills, and lost wages can be substantial after an accident in the car. An experienced lawyer can assist you in receiving the amount of compensation you deserve.

The process can vary from case-to-case, but generally, it begins with the filing of the complaint. Then follows the discovery phase trial, and any appeals.


Medical Records

Medical records are an essential component of any auto crash case. They can help jurors or judges determine how the accident has impacted your life, including the physical, emotional and financial cost of your injuries. Insurance companies will be unable to challenge the narrative told by medical records.

You may only have a specific amount of time, depending on the laws of your state and the policies of your doctor to request medical records. You should speak with your lawyer as soon following an accident as you can. The law guarantees access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your attorney can access your medical records. Insurance companies will often try to uncover anything that could suggest your injuries were pre-existing or not as severe as you claim.

Your lawyer will make use of your medical records to create a demand letter which will contain evidence to justify the damages you’re seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They may ask you to grant them permission to access your complete medical record. This is not in the best interest of your claim, as it could reveal past injuries not related to the claim.

Reports of the Police

Police reports are generated each time a police officer responds to an emergency call, including car accidents. While they cannot be used in a court of law (they are deemed to be hearsay), they provide valuable information for attorneys who are conducting investigations and preparing cases.

A police report offers an objective account of the incident which is based on the witnesses’ testimony and the officer’s observations regarding the weather conditions, the drivers, and other aspects. It’s a vital piece of evidence that could assist you in winning a lawsuit in a car accident.

You can typically request a copy from the precinct that was responsible for the investigation. Contact their non-emergency number and provide a receipt or an incident number to prove your identity. You can also request copies of records on the police department’s website.

You’ll have to file a lawsuit against the person who caused the accident after your medical expenses, lost wages, and property damage have reached an amount. The police report is an essential tool in settlement negotiations, particularly when you can establish the other driver’s negligence through the observations of the officer. However, many cases reach an agreement without ever going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

After the adjuster has all the information he needs from you and your automobile accident investigation, they’ll make a settlement offer. They will input all the facts and details into a program that will create their initial offer. Most likely, they’ll produce a significantly lower number than you calculated using your study. auto accident attorney aurora to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They will wish to limit the amount they are required to pay for medical bills and other damages. You can fight back when you explain the negative effects your injuries could have on you and impact your life in the future. For instance, you could draw attention to your increasing medical bills, the loss of earnings capacity and the emotional and physical suffering you’re experiencing.

You or your lawyer will create a demand letter and submit it to the insurance company. This letter should include all of the evidence that you’ve gathered such as witnesses’ statements and photographs of your injuries. Additionally, you should create an inventory of non-negotiables in order to prevent the insurance company from undervaluing your claim. When an agreement is reached it will be documented in an agreement to settle in writing. It’s common for a back-and-forth to occur during these negotiations, but remaining patient will help you reach an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, in which the parties exchange information and evidence. Parties can seek medical documents, police reports or witness statements. The parties may also exchange interrogatories, which are written questions that must be answered on an oath within the time limit. Your attorney will also record the severity of the physical psychological, emotional, and physical traumas you’ve suffered in addition to any other damages which could be sought, including the amount of medical expenses you are currently and in the future as well as property damage and lost wages.

Your lawyer will also consult with experts such as medical professionals, mechanics and engineers. These experts will help paint an accurate image of your crash and the extent of your injuries to the jury.

Your lawyer will then start discussions with insurance companies in order to settle your case without a trial. However, if the insurance company offers a small settlement or fails to take your injuries and other damages into consideration, your case will likely be heard at trial.

While a small number of cases do get to trial, it is important for victims to make a claim as soon as is possible. Memory fades, witnesses pass away, and evidence can be lost in time and make it difficult to establish a compelling case for maximum compensation. Additionally, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.