Write About Everything

Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages may be significant following an accident. An experienced lawyer can assist you in obtaining the amount of compensation you deserve.

The procedure varies from case to case but generally, it begins with filing an action. This is followed by the discovery phase trial, and any appeals.

auto accident attorney beaumont are an essential element of any auto accident case. They will assist the judge or jury to determine how the accident has affected your life, including the emotional, physical and financial burdens of your injuries. Insurance companies will have a hard time to argue with the information provided by medical records.

You may only have a specific amount of time, depending on the laws of your state and the guidelines of your physician, to obtain medical records. You should consult your lawyer as soon following an accident as it is possible. Health Information Portability and Accountability Act (HIPAA) HIPAA guarantees your right to access these records. However, this does not mean that only you or your lawyer can see your medical records. Insurance companies are usually keen to look for anything that could suggest that your injuries were pre-existing or not so severe as you say.

Your lawyer will utilize the medical records that you supply to write the letter of demand, which includes evidence to justify the damages you’re seeking. It is essential to ensure that your lawyer provides relevant medical records to the insurance company, since they might ask you to sign an authorization that permits them to access all your medical records. This is not in your best interest since it could expose past injuries that aren’t connected to the present claim.

Police Reports

Every time a police officer responds to a call for help, which could include an accident, he produces a report. Although they cannot be admitted in the courts of law (they are deemed to be hearsay) They are a valuable source of information to attorneys in the process of conducting investigations and preparing cases.

A police report provides an objective report of what transpired in the crash, based on witness statements and the officer’s observations about the vehicles’ damage, weather conditions, drivers, and so on. It is an important evidence piece that can aid you in winning your lawsuit for car accidents against the defendant.

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

If your medical bills as well as property damage and lost wages reach a certain amount, you will need to bring a lawsuit against the at-fault driver. The police report can be an effective tool during settlement negotiations, particularly if you can prove that the other driver was at fault based on the officer’s observations. Many cases end up reaching settlements without ever going to trial. It can take time to work through the pre-trial steps and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

Once the adjuster has all of the details they require from you and your vehicle accident investigation, they’ll make a settlement offer. They will enter all the information and facts into a computer program in order to make their initial offer. Most likely, they will come up with a much smaller number than what you estimated using your investigation. It’s important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They’ll want to reduce the amount they’ll need to pay for your medical expenses and other damages. You can fight back if you point out how your injuries will negatively impact your life in the coming years. For instance, you could mention your increasing medical bills and your lost earning potential, as being aware of the physical and mental pain you’re experiencing.

Your attorney or you will then prepare an order letter and then present it to an insurance company. The letter should contain all of the evidence that you’ve collected, including witness statements and photos of your injuries. You should also make a list of non-negotiables to stop the insurance company from undervaluing your claim. After an agreement has been reached, the written settlement agreement will reflect it. It’s not uncommon for back-and-forth to occur during these negotiations, but staying in the moment will help you get a fair settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery, during which both sides exchange information and evidence. Parties can request medical records and police reports and witness statements. They will also provide another interrogatories (written questions that must be answered under oath before the end of the specified time). Your attorney will also record the severity of the physical, emotional, and psychological injuries you have suffered, and any other damages that could be sought, including future and current medical expenses along with property damage, lost wages.


Your lawyer will consult with other experts like mechanics, medical professionals, and engineers. These experts can help the jury get an accurate picture of your injuries and the accident.

Your attorney will then start discussions with insurance companies in order to resolve your case without trial. If the insurance company offers an unsatisfactory settlement or fails to take your injuries and other damages into account your case is likely to proceed to trial.

It is essential that victims file a suit as soon as they can, even though few cases are heard in the courtroom. Over time memories fade, witnesses die, and evidence disappears which makes it more difficult to file a convincing claim for the most compensation. Furthermore, you have to comply with the statute of limitations in your state, which can be anywhere from one to six years.