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Phases of an Auto Accident Lawsuit

Medical bills, property damage, and lost wages can be significant after an auto accident. An experienced lawyer can help you in getting the amount you are due.

The procedure varies from case to case however, it generally begins with filing a complaint. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are a vital element of any auto accident case. They will help the jury or judge understand the impact of the injury on your life. This includes the emotional, financial, and physical costs. Insurance companies will find it difficult to refute the story portrayed by medical records.

Based on the laws of your state and the policy of your doctor You may be granted only a short amount of time to request medical records from your healthcare provider. This is why you should speak with your lawyer whenever you can following an accident. Health Information Portability and Accountability Act, or HIPAA, protects your right to access these records. But, this doesn’t mean that only you or your attorney can see your medical records. Insurance companies are often keen to discover anything that may indicate that your injuries were not 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 will include evidence to support the damages you seek. Your lawyer must only provide the relevant medical records to your insurance company. They might ask you to authorize them to access your entire medical record. This is not in your best interests since it could expose past injuries that aren’t directly related to the present claim.

Reports of Police

Every time a police official responds to a request for help, such as an accident, he or she produces a report. Even though they’re not admissible in court (they are considered hearsay) they can provide invaluable information to attorneys investigating an accident and preparing a case.

A police report is an objective view of what transpired in the crash, based on witness statements and the officer’s observations about the vehicles’ damage the weather, the drivers and more. It’s a vital piece of evidence which can assist you in winning a lawsuit for car accidents.

Typically, you can request a copy of your police report from the local police department that handled the investigation by calling their non-emergency number and providing an invoice or incident number to identify it. You can also request copies of records through the website of the police department.

You’ll have to file a suit against the person who caused the accident after your medical expenses along with lost wages and property damage have reached a certain value. The police report can be a useful tool during settlement negotiations, particularly when you can demonstrate that the other driver was largely at fault based on the officer’s observations. A lot of cases are settled without having to go to trial. It may take some time to complete the steps before trial 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 automobile accident investigation, he will make an offer for settlement. In order to create their first offer, they’ll input all the information and details into an application on computers. They’ll probably come up with a number which is significantly lower than the number you calculated from your research. It’s important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They’ll want to limit the amount they have to pay for medical bills and other damage. You can counter by highlighting the many ways that your injuries will negatively impact your life going forward. You could, for instance, point out your mounting medical bills, your diminished earning potential, as well in the mental and physical pain you’re experiencing.


Your attorney or you will create a letter of demand and submit it to an insurance company. This should include all the evidence you’ve collected including witness statements, photos of your injuries and any evidence to support your losses. You should also make an inventory of non-negotiables in order to keep the insurance company from undervaluing your claim. Once an agreement has been reached the settlement agreement written will reflect it. It’s not uncommon for back-and-forth to occur during these negotiations, but being patient will help you achieve an acceptable settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which the parties exchange information and evidence. Parties can request medical documents, police reports or witness statements. The parties may also exchange interrogatories, which are written questions that have to be answered under the oath within a specified time. In addition, your attorney will document the extent of your physical emotional and mental injuries as well as the other damages you may seek compensation for in the future, including current and future medical expenses, property damage and lost wages.

Your lawyer will speak with other experts, like mechanics, medical professionals, and engineers. auto accident lawsuit corona can assist the jury to get a clear picture of your injuries and the accident.

Your attorney will then start negotiations with insurance companies to settle your case without trial. If the insurance company provides you with a low amount of money or does not take your injuries and other damages into account, your case will likely progress to trial.

Although few cases actually make it to trial, it is vital for the victims to begin a lawsuit as soon as they can. Memories fade, witnesses disappear, and evidence could be lost over time, making it harder to make a strong argument for the most compensation. It is also important to adhere to the statute of limitations for your state which can vary from 1 to 6 year.