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Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages may be significant following an auto accident. An experienced lawyer can assist to get the compensation you require.

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

Medical Records

Medical records are an essential element in any auto accident lawsuit. They will help jurors or judges know the effects of the accident on your life. This includes the financial, emotional physical, and emotional expenses. Insurance companies will be unable to dispute the story told by medical records.


According to the laws of your state and the policy of your doctor You may be granted the time to request medical documents from healthcare providers. This is the reason you should speak with your lawyer as soon as possible following an accident. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these records. However, this doesn’t mean that you or your lawyer are the only ones able to access your medical records. Insurance companies are always looking for evidence that might suggest your injuries may not be the severity you claim or have a pre-existing condition.

Your lawyer will make use of your medical records to prepare a demand letter which will include evidence to justify the damages you seek. Your lawyer should only provide the relevant medical documents to your insurance company. They may require you to give them permission to access your entire medical record. This is not beneficial to your claim because it could reveal past injuries not related to the claim.

Reports of Police

Every time a police official responds to a call for help, such as an accident, he produces a report. Even though they aren’t admissible in court (they are deemed to be hearsay), they do provide valuable information to attorneys investigating an accident and creating an argument.

A police report is an objective report of what happened during the accident, based on witness statements and the officer’s observations about the vehicles’ damage as well as weather conditions, drivers and more. It is a significant piece of evidence that could help you win 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 emergency number and providing an invoice or incident number to identify the report. You can also request copies of police reports through the police department’s website.

You will need to file a suit against the driver responsible when your medical bills along with lost wages and property damage have reached an amount. The police report can be an effective tool during settlement negotiations, particularly when you can demonstrate that the other driver was largely at fault, based on an officer’s observations. In many cases, however, the parties reach an agreement without ever going to trial. The process of preparing for trial can be lengthy and your case might not be resolved until one year after filing it.

Insurance Company Negotiations

When the adjuster has all of the information he needs from you and your vehicle accident investigation, he’ll make an offer of settlement. To make their first offer, they will enter all the details and facts into an application on computers. Most likely, they will arrive at a lower number than you calculated from your study. When insurance companies make settlement offers, they’ve got their own financial interests in their minds.

They’ll want to reduce the amount they have to pay for your medical expenses and other damage. You can fight back by highlighting all the ways your injuries will negatively impact your life going forward. For instance, you can mention your increasing medical bills, your diminished earning potential, as well in the mental and physical suffering you’re feeling.

Your lawyer or you will then draft a demand letter and submit it to the insurance company. The letter should include all the evidence you’ve gathered, including witnesses’ statements and photographs of your injuries. You’ll also make an inventory of the items you cannot negotiate, so you can prevent the insurance company from under-pricing you. If an agreement is reached, it will be reflected in a written settlement agreement. It’s normal for a back-andforth to occur during these negotiations, but remaining patient will help you achieve an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, in which both parties exchange information and evidence. Parties can seek medical records, police reports, and witness statements. They can also send each other interrogatories (written questions that must be answered under oath before the end of a specified time). Your attorney will also write down the severity of the physical mental, emotional, or psychological injuries you have suffered, and any other damages that may be sought, including the current and anticipated medical expenses along with property damage, lost wages.

Your lawyer will talk to other experts, such as medical specialists, mechanics, and engineers. These experts can help the jury to get clear information about your injuries and accident.

Your lawyer will then begin discussions with the insurance companies in order to settle your case without a trial. However, if the insurance company is willing to offer you a low settlement or does not take your injuries and other damages into consideration the case will go to trial.

Although a small percentage of cases go to trial it is vital for the victims to file a lawsuit as soon as is possible. Memories fade, witnesses can die and evidence can disappear in time making it more difficult to establish a compelling case for the maximum amount of compensation. Plus, auto accident lawsuit north las vegas must comply with the statute of limitations in your state, which can vary from 1 to 6 years.