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Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages can be substantial following an auto accident. An experienced lawyer can help you in getting the amount of compensation you deserve.

The process may differ from case to case but typically, it starts with the filing of an action. Then follows the discovery phase, trial and any appeals.

Medical Records

Medical records are an important element in any auto accident lawsuit. They can help jurors or judges to determine the impact of the injury on your life. This includes the financial, emotional physical, and emotional costs. Medical records can also tell an account that insurance companies will have a hard to dispute.

Based on the laws of your state and the policy of your doctor In some states, you’ll have the time to request medical records from healthcare providers. This is the reason why you should discuss your legal needs immediately following an accident. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these documents. However, this does not mean that only you or your attorney can view your medical records. auto accident lawyer peoria will often try to uncover anything that could suggest that your injuries are pre-existing or not as severe as you claim.


Your lawyer will utilize your medical records to create a demand letter which will contain evidence to support the damages you are seeking. Your lawyer should only give the relevant medical records to your insurance company. They might request you to allow them to access your complete medical record. This is not beneficial to your claim as it may expose past injuries that are not relevant to the claim.

Police Reports

Police reports are prepared each time a police officer responds to an emergency or accident, such as car accidents. Even though they’re not admissible in court (they are considered to be hearsay), they do provide important information to attorneys when investigating an incident and preparing a case.

A police report provides an objective report of what happened during the crash, based upon witness statements and the officer’s observations about the vehicles’ damage the weather, the drivers, and so on. It’s an important piece of evidence that can assist you in winning your car accident lawsuit against the defendant.

Usually, you can request a copy of your police report from the precinct which handled the investigation by calling their emergency number and supplying an incident or receipt to identify the report. You can request copies of your police report through the website of the police department.

You’ll need to file a lawsuit against the driver responsible when your medical bills along with lost wages and property damage have reached the amount of. The police report can be an effective tool during settlement negotiations, particularly when you can prove that the other driver was at fault based on the officer’s observations. Many cases are settled without having to go to trial. Pre-trial proceedings can take a long time and your case might not be resolved until one year after filing it.

Insurance Company Negotiations

Once an adjuster has all the information they need from you and the investigation into the car accident They will then extend a settlement offer. To create their initial offer, they’ll input all the details and facts into the computer program. They’ll most likely be able to come up with a figure which is lower than what you calculated from your investigation. When insurance companies offer settlement offers, they’ve got their own financial interest in mind.

They will wish to limit the amount they will have to pay for medical bills and other damages. You can counter by highlighting the many ways that your injuries will affect your life in the future. For instance, you can you can highlight the mounting medical bills and the loss of earning potential, as well in the mental and physical pain you’re experiencing.

You or your attorney will then draft the letter of demand and then present it to an insurer. It will contain all the evidence you’ve gathered including witness statements, photos of your injuries and any documentation supporting your losses. You’ll also prepare the list of your non-negotiables, so you can prevent the insurance company from lowballing you. Once an agreement has been reached the settlement agreement written will reflect it. It’s not uncommon for back-and-forth to take place during the negotiation process, but remaining patient will help you reach a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which the parties exchange information and evidence. The parties can request medical documents, police reports or witness statements. They will also provide each other interrogatories (written questions that must be answered under oath before the deadline). Your lawyer will also record the severity of physical emotional, psychological, and physical traumas you’ve suffered and any other damages which could be sought, including future and current medical expenses along with property damage, lost wages.

Your lawyer will also talk with experts, such as medical experts, mechanics and engineers. These experts can help the jury to get a clear picture of your injuries and accident.

Your lawyer will then begin discussions with the insurance companies in order to resolve your case without trial. However, if the insurance company is willing to offer you a small settlement or fails to take your injuries and other damages into account, your case will likely proceed to trial.

While only a few cases get to trial, it is essential for victims to file a lawsuit as soon as they can. The memories fade, witnesses disappear, and evidence could be lost over time and make it difficult to present a convincing argument for the most compensation. Furthermore, you have to comply with the statute of limitations in your state, which could be anywhere from one to six years.