Write About Everything

Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages could be substantial after an accident in the car. An experienced lawyer can assist you get the compensation you need.

The process is different from case to case but generally, it begins with filing a complaint. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an important component of any auto accident lawsuit. They will assist a jury or judge comprehend how the accident had an impact on your life, including the emotional, physical and financial costs of your injuries. Medical records will also tell an account that insurance companies will have a difficult to dispute.

You may only have a certain amount of time, contingent on the laws of your state and the policy of your doctor, to request medical records. Consult with your lawyer as soon following an accident as you can. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these records. This doesn’t mean you or your lawyer are the only ones to look over your medical records. Insurance companies are generally keen to discover anything that may suggest that your injuries were pre-existing or not as severe as you claim.

Your lawyer will utilize your medical records to prepare a demand letters, that will include evidence to support the damages you’re 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 in your best interest because it could reveal prior injuries that aren’t directly related to the current claim.

Reports of Police

Every time a police officer responds to a call for assistance, or an accident, he or she produces a report. Although they cannot be admitted in the courts of law (they are deemed to be hearsay) they can provide valuable information for attorneys when conducting investigations and preparing cases.

A police report offers an objective account of the incident which is based on the witnesses’ testimony as well as the officer’s observations of the weather conditions, the drivers, and other factors. It is an important evidence that can help you win a lawsuit for car accidents.

Typically you can request a copy your police report from the police station that was responsible for the investigation by calling their non-emergency line and providing an invoice or incident number to identify it. You can also request copies of records through the police department’s website.

You’ll have to file a suit against the person who caused the accident once your medical bills or lost wages property damage have reached a certain value. The police report can be a useful tool in settlement negotiations, especially 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 a year after filing it.

Insurance Company Negotiations

Once an adjuster has all the details they require from you and the investigation of the car accident is complete, they will offer an offer for settlement. To create their initial offer, they’ll input all the information and details into the computer program. They’ll probably produce a number that is much lower than the one you calculated based on your investigation. auto accident lawyer boise city to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers.

They’ll want to limit the amount they’ll need pay for medical bills and other damages. You can fight back if point out how your injuries will negatively impact your life in the coming years. For instance, you could highlight your growing medical bills, your lost earnings capacity and the physical and emotional suffering you’re experiencing.

Your lawyer or you then prepare a demand letter and present it to the insurance company. The letter should include all of the evidence that you’ve gathered, including witnesses’ statements and photographs of your injuries. You will also create a list of non-negotiables to ensure that the insurance company is not undervaluing your claim. When an agreement is reached the agreement will be recorded in an agreement to settle in writing. Negotiations often involve back and forth process, but staying patient will ensure an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which the parties exchange information and evidence. Parties can require medical records or police reports, and witness statements. The parties can also exchange interrogatories which are written inquiries which have to be answered on an oath within certain times. Your attorney will also record the severity of physical emotional, psychological, and physical injuries you’ve sustained, as well as any other damages which could be sought out, such as the amount of medical expenses you are currently and in the future along with property damage, lost wages.

Your lawyer will also talk with experts like medical specialists mechanics, engineers and mechanics. These experts will aid in painting a an accurate image of your crash and your injuries for the jury.


Your lawyer will then start negotiations with the insurance companies to settle your case without trial. If the insurance company provides you with a small settlement or does not take your injury and other damages into consideration, your case will likely progress to trial.

It is essential that victims file a suit as soon as they can, even though only a few cases are heard in court. As time passes memories fade, witnesses die, and evidence disappears, making it more difficult to present a compelling case for the most compensation. In addition, you must abide with the statute of limitations in your state, which can vary from 1 to 6 years.