Write About Everything

Phases of an Auto Accident Lawsuit

Car crash injuries can result in substantial medical bills, property damage, and even lost wages. A knowledgeable attorney can help you get the compensation you require.

The process varies from case to case, but generally, it begins with filing an action. Then comes the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential element of any auto accident lawsuit. They can help jurors or judges comprehend how the accident impacted your life, including the physical, emotional and financial costs of your injuries. Insurance companies will have a hard time to argue with the information provided by medical records.

According to the laws of your state and the policies of your doctor, you may have a limited amount of time to request medical records from healthcare providers. You should speak with your lawyer as soon after an accident as you can. The law guarantees access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). This doesn’t mean you or your lawyer are the only ones able to access your medical records. Insurance companies are often keen to uncover anything that could indicate that your injuries were not pre-existing or not so severe as you say.

Your lawyer will make use of your medical records to draft a demand letter, which will include evidence to justify the damages you seek. Your lawyer should only give the relevant medical documents to your insurance company. They might require you to give them permission to access your complete medical record. This is not in your best interests since it could reveal previous injuries that aren’t related to the current claim.

Police Reports

Each time a police officer responds to a request for help, including an accident, he produces a report. Although they are not admissible in a court of law (they are deemed to be hearsay) they are valuable information for attorneys who are investigating and preparing their cases.

A police report provides an objective account of the accident, based on the witness testimony of the officer and his observations of the weather conditions, drivers, and other factors. It is a crucial piece of evidence that could assist you in winning a lawsuit for car accidents.

Typically, you can request a copy of your police report from the police station that handled the investigation by calling their non-emergency line and providing an incident or receipt to identify it. The police department might also have a website on which you can request copies of records online.

If your medical bills as well as property damage and lost wages are at the amount of a certain amount, then you’ll need to file a lawsuit against the driver at fault. The police report can be an effective tool in settlement negotiations, particularly when you can demonstrate that the other driver was largely at fault based on the police officer’s observations. But, many cases settle an agreement without ever going to trial. It may take some time to complete the pre-trial process and your case may not be resolved for a long time.

Insurance Company Negotiations

When the adjuster has all of the information they require from you and your automobile accident investigation, they will make an offer for settlement. To generate their first offer, they will enter all the details and facts into an application on computers. They’ll probably come up with a number that is much lower than the one you calculated based on your study. When insurance companies offer settlement offers, they have their own financial interest in their minds.

They’ll be looking to reduce the amount they will have to pay for medical bills and other damages. You can fight back if highlight how your injuries will negatively impact your life in the coming years. For instance, you can refer to your rising medical bills, your decreased earning potential, and the physical and emotional suffering you’re going through.

Your lawyer or you will prepare a demand form and send it to the insurance company. This letter should include all the evidence you’ve gathered, including witness statements and photos of your injuries. You’ll also prepare an inventory of the items you cannot negotiate, so you can deter the insurance company from negotiating with you. Once an agreement is reached it will be documented in the form of a written settlement agreement. It’s common for a back-and-forth to take place during the negotiation process, but remaining calm will allow you to reach an acceptable settlement.

auto accident lawsuit largo is the next phase of the lawsuit, during which the parties exchange information and evidence. Parties may seek medical records and police reports, as well as witness statements. The parties may also exchange interrogatories which are written questions which have to be answered on an oath within certain times. In addition, your attorney will document the extent of your physical, emotional and psychological injuries and any other damages that you could seek compensation for that are incurred, such as future medical costs, property damage, and lost wages.

Your lawyer will also consult with experts, such as medical experts mechanics, engineers, and mechanics. These experts will aid in painting a an accurate picture of your crash and the injuries you sustained for the jury.


Then, your lawyer will begin negotiations with insurance companies to try to resolve your claim without trial. If the insurance company fails to offer you a fair settlement, or does not take into account your injuries and other losses, your case will likely go to trial.

It is essential that victims file a lawsuit as soon as possible even though very few cases get to the courtroom. Over time memories fade, witnesses pass away and evidence is lost which makes it more difficult to present a compelling case for the highest amount of compensation. In addition, you must abide with the statute of limitations in your state, which can vary from 1 to 6 years.