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Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in substantial medical bills as well as property damage and loss of wages. An experienced lawyer can help you receive the compensation that you need.

The process can vary from case to case, but generally, it begins with the filing of a complaint. Then follows the discovery phase and trial, as well as any appeals.

Medical Records


Medical records are an essential element of any auto accident lawsuit. They can help a judge or jury comprehend the impact of the injury on your life. This includes the emotional, financial physical and emotional costs. Medical records can also tell the story that insurance companies will have a tough to dispute.

You might only have a limited amount of time, contingent on the laws in your state and the policy of your doctor to request medical records. This is the reason why you should contact your lawyer whenever you can following an accident. The law safeguards your access to these records with the Health Information Portability and Accountability Act (HIPAA). But, this doesn’t mean that only you or your lawyer will be able to see your medical records. Insurance companies will often try to find anything that might suggest that your injuries were pre-existing or not so severe as you say.

Your lawyer will use the medical records that you supply to write the letter of demand, which includes evidence to justify the damages you are seeking. Your lawyer should only provide the relevant medical documents to your insurance company. auto accident law firm pontiac might require you to give them permission to access your complete medical record. This is not the best option for your claim since it could reveal past injuries not related to this claim.

Police Reports

Every time a police officer responds to a call for help, such as an accident, he or she creates a police report. While they cannot be used in the courts of law (they are considered to be hearsay) They are a valuable source of information for attorneys when investigating and preparing cases.

A police report offers an independent account of the crash that is based on the witness testimony of the officer and his observations of the weather conditions, the drivers, and other elements. It’s an important piece of evidence that could assist you in winning your car accident lawsuit against the defendant.

You can usually request a copy of the records from the precinct responsible for the investigation. Contact their non-emergency number and provide the receipt or incident number as proof of identification. The police department might have a website on which you can request copies of records online.

After your medical bills as well as property damage and lost wages are at a certain amount, you’ll need to bring a lawsuit against the driver at fault. The police report can be an effective tool in settlement negotiations, particularly if you can prove that the other driver was at blame based on the officer’s observations. Many cases end up reaching settlements without ever going to trial. The process of preparing for trial can be lengthy and your case may not be resolved until a year after filing it.

Insurance Company Negotiations

After the adjuster has all of the information he needs from you and your car accident investigation, they’ll make a settlement offer. They will put all the facts and details into a computer program in order to generate their initial offer. Most likely, they’ll come up with a much less than the amount you calculated based on your study. When insurance companies make settlement offers, they have their own financial interests in their minds.

They’ll want to limit the amount they’ll have to pay for your medical expenses and other damages. You are able to fight back if you point out the way your injuries will affect your life in future. You can, for example, point out your mounting medical bills and the loss of earnings potential, as well being aware of the physical and mental suffering you’re feeling.

You or your lawyer will create a demand letter and present it to the insurer. This will include all the evidence you have collected such as witness statements, photographs of your injuries as well as any documentation supporting your losses. You should also make an inventory of non-negotiables in order to prevent the insurance company from undervaluing your claim. After an agreement has been reached and the written settlement contract will reflect it. Negotiations can be a back and forth affair, but perseverance will assist you in negotiating a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which both parties exchange information and evidence. The parties may seek medical records, police reports and witness statements. The parties will also exchange interrogatories that are written questions that must be answered on the oath within a specified time. Your lawyer will also record the extent of the physical, emotional, and psychological injuries you’ve sustained, in addition to any other damages that might be sought, such as the current and anticipated medical expenses, property damage, and lost wages.

Your lawyer will speak with other experts, including mechanics, medical specialists and engineers. These experts will help paint a the vivid image of the accident and the injuries you sustained for the jury.

Then, your lawyer will begin negotiations with insurance companies to attempt to settle your claim with out a trial. If the insurance company provides you with a low settlement or does not take your injury and other damages into account your case is likely to proceed to trial.

Although a small percentage of cases make it to trial, it is crucial for victims to start a lawsuit as quickly as they can. The memories fade, witnesses disappear and evidence may be lost in time making it more difficult to establish a compelling case to get the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which can range from 1 to 6 years.