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Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in significant medical bills, property damage and lost wages. An experienced attorney can help you get the compensation you require.

The procedure can differ from case-to-case, but typically, it begins with the filing of an action. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an essential component of any auto accident lawsuit. They will help jurors or judges know the effects of the injury on your life. This includes the financial, emotional physical, and emotional expenses. Medical records will also reveal an insurance company a story they will have a difficult time disputing.

You might only have a limited period of time, based on the laws in your state and the policy of your doctor, to obtain medical records. It is recommended to consult with your lawyer as soon after an accident as you can. Health Information Portability and Accountability Act, or HIPAA is a law that protects your right to access these documents. This does not mean you or your lawyer are the only ones who can examine your medical records. Insurance companies are always looking for evidence that might suggest your injuries may not be as severe as you think or if you have pre-existing injuries.

Your lawyer will use the medical information that you supply to write the letter of demand, which will include evidence to support the damages you are seeking. It is essential that your lawyer only send relevant medical documents to the insurance company, as they may ask you to sign an authorization that permits them to access all your medical records. This is not in your best interest as it could reveal past injuries that aren’t connected to the current claim.

Police Reports

Each time a police officer responds to a request for assistance, or an accident, he creates a police report. Although auto accident law firm carson ‘re not admissible in court (they are deemed to be hearsay), they do provide valuable information to attorneys when investigating an accident and preparing an argument.

A police report is an objective account of the incident that is based on the witness’ testimony as well as the officer’s observations of the weather conditions, drivers, and a variety of other factors. It’s a vital piece of evidence that could aid in winning an auto accident lawsuit.


You can usually request a copy of the records from the precinct that was responsible for the investigation. Call their non-emergency phone number and provide a receipt or an incident number as proof of identification. You can also request copies of records through the website of the police department.

You’ll have to file a lawsuit against the person who caused the accident after your medical expenses along with lost wages and property damage reach the amount of. The police report can be an effective tool for settlement negotiations, particularly if you can prove the other driver’s negligence through the observations of the officer. However, many cases reach settlements without ever going to trial. It can take time to work through the steps before trial and your case could not be resolved for a year or more.

Insurance Company Negotiations

When the adjuster has all the information they require from you and your car accident investigation, they will make an offer for settlement. To generate their first offer, they’ll enter all the details and facts into a computer program. Most likely, they will produce a significantly lower number than you calculated in your investigation. When insurance companies make settlement offers, they have their own financial interests in mind.

They will want to limit how much they have to pay in medical bills and other damages. You can counter by pointing out all the ways that your injuries will negatively impact your life going forward. For example, you can refer to your rising medical bills, your decreased earning potential, and the emotional and physical pain that you’re currently experiencing.

Your lawyer or you create a demand letter and then present it to the insurance company. It should include all the evidence you have collected including witness statements, photos of your injuries and any documentation supporting your losses. You will also create a list of non-negotiables to ensure that the insurance company is not undervaluing your claim. Once an agreement is reached the written settlement agreement will reflect it. It’s normal for a back and forth to take place 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 both parties exchange information and evidence. Parties may require medical records or police reports, as well as witness statements. They can also send another interrogatories (written questions to be completed under oath at the end of a specified time). Your attorney will also record the extent of physical mental, emotional, or psychological traumas you’ve suffered and any other damages that could be sought out, such as future and current medical expenses along with property damage, lost wages.

Your lawyer will also speak with experts such as medical professionals mechanics, engineers and mechanics. These experts can help the jury to get clear information about your injuries and accident.

Your lawyer will begin discussions with insurance companies to try to settle your claim with out a trial. If the insurance company fails to offer you a fair settlement, or does not take into account your injuries and other damages your case will likely go to trial.

It is essential that victims file a lawsuit promptly, even if only a handful of cases get to court. Over time memories fade, witnesses pass away, and evidence disappears, making it more difficult to establish a solid claim for maximum compensation. In addition, you must abide with the statute of limitations in your state, which could be anywhere from one to six years.