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Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages could be substantial after an auto accident. An experienced lawyer can help you receive the compensation that you need.

The process can vary from case-to-case, but usually begins with the filing of the complaint. The discovery phase, trial, and any appeals follow.

Medical Records


Medical records are a vital element in 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 have a hard time to challenge the narrative told by medical records.

You may only have a specific amount of time, based on the laws of your state and the policy of your doctor, to obtain medical records. It is recommended to consult with your lawyer as soon following an accident as you can. The law provides access to these documents through the Health Information Portability and Accountability Act (HIPAA). But, this doesn’t mean that only you or your lawyer can examine your medical records. Insurance companies are generally keen to discover anything that may indicate that your injuries were not pre-existing or not as severe as you claim.

Your lawyer will use the medical information you provide to create a letter of demand that will include evidence in support of the damages you want. It is essential to ensure that your lawyer provides relevant medical documents to the insurance company since they might ask you to sign a medical authorization that permits them to access all of your medical records. This is not in your best interest since it could reveal previous injuries that aren’t connected to the present claim.

Police Reports

When a police officer responds to a call for help, which could include an accident, he makes a police report. Although they are not admissible in a court of law (they are deemed to be hearsay), they provide valuable information to attorneys when they are investigating and preparing cases.

A police report is an objective view of what happened during the crash, based upon witness testimonies and the officer’s observations about the vehicles’ damage as well as weather conditions, drivers, and so on. It’s an important piece of evidence that could assist you in winning your lawsuit for car accidents against the defendant.

Typically, you can request a copy your police report from the police station that handled the investigation by calling their non-emergency line and providing a receipt or incident number to identify it. You can also request copies of police reports through the website of the police department.

You will need to file a lawsuit against the driver responsible when your medical bills as well as lost wages and damages to property reach the amount of. The police report can be an important tool in settlement negotiations, particularly when you can establish the other driver’s fault in the light of observations made by the officer. In many cases, however, the parties reach an agreement without going to trial. It could take a long time to complete the pre-trial steps and your case may not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all of the information they need from you and the investigation into the accident They will then extend an offer of settlement. They will then input all the facts and details into a computer program in order to make their initial offer. Most likely, they will make a less than the amount you calculated using your research. It’s important to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers.

They will seek to limit the amount they have to pay in medical bills and other damages. You can counter by highlighting all the ways that your injuries will negatively impact your life in the coming years. For instance, you can, point out your mounting medical bills and lost earnings potential, as well in the mental and physical suffering you’re experiencing.

Your lawyer or you will create a demand letter and submit it to the insurance company. This letter should include all the evidence you’ve gathered such as witnesses’ statements and photographs of your injuries. Additionally, you should create a list of the non-negotiables that will ensure that the insurance company is not undervaluing your claim. When an agreement is reached the agreement will be recorded in an agreement for settlement in writing. Negotiations are usually back and forth, however perseverance will assist you in negotiating an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which the parties exchange information and evidence. Parties can seek medical records and police reports and witness statements. The parties may also exchange interrogatories that are written questions which have to be answered on an oath within certain times. In addition your lawyer will record the extent of your physical emotional and psychological injuries and any other damages you may seek to compensate for in the future, including current and future medical expenses, property damage and lost wages.

Your lawyer will also speak with experts such as medical professionals as well as mechanics and engineers. These experts can assist the jury get an accurate picture of the injuries and accidents you sustained.

Your lawyer will begin negotiations with insurance companies in order to try to settle your claim without trial. If the insurance company is unable to provide you with a fair settlement, or doesn’t take into consideration your injuries and other damages, your case is likely to go to trial.

While a small number of cases do go to trial, it is important for victims to file a lawsuit as soon as is possible. With time, memories fade, witnesses die, and evidence disappears, making it more difficult to file a convincing claim for the highest amount of compensation. auto accident attorney norman must also follow the statute of limitations for your state which can vary between 1 and 6 years.