Write About Everything

Phases of an Auto Accident Lawsuit

Car crash injuries could result in significant medical bills along with property damage and lost wages. An experienced lawyer can help you receive the compensation you require.

The process can vary depending on the case, but generally, it starts with the filing of the complaint. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are a vital component of any auto crash case. They can help the jury or judge understand the impact of the injury on your life. This includes the emotional, financial physical, and emotional expenses. Insurance companies will be unable to challenge the narrative told by medical records.

You might only have a limited amount of time, contingent on the laws of your state and the policies of your doctor to request medical records. 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 records. auto accident law firm costa mesa does not mean you or your lawyer are the only ones able to look over your medical records. Insurance companies will often try to uncover anything that could indicate that your injuries were not pre-existing or not as severe as you claim.

Your lawyer will utilize the medical records that you supply to write the letter of demand that will include evidence in support of the damages you seek. It is imperative to ensure that your lawyer provides relevant medical documents to the insurance company, as they may request you to sign an authorization that allows them to access all your medical records. This is not in the best interest of your claim since it could reveal previous injuries that are not connected to this claim.

Police Reports

When a police officer responds to a request for help, which could include an accident, he creates a police report. Even though they aren’t admissible in court (they are considered hearsay) They can provide valuable information to attorneys when conducting an investigation and preparing the case.

A police report is an objective account of what transpired in the accident, based on witness testimony and observations by the officer regarding the damage to the vehicle and weather conditions, drivers, and so on. It’s a crucial document that can help you win your car accident lawsuit against the defendant.

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

You will need to file a lawsuit against the driver who was at fault when your medical bills, lost wages, and property damage reach a certain value. The police report can be an important tool in settlement negotiations, especially if you can prove the other driver’s fault in the light of observations made by the officer. But, many cases settle an agreement without ever going to trial. It could take a long time to complete the pre-trial procedures and your case may not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all of the information they require from you as well as the investigation into the accident They will then extend a settlement offer. To create their initial offer, they will enter all the information and details into a computer program. Most likely, they will come up with a much lower number than you calculated using your research. When insurance companies offer settlement offers, they’ve got their own financial interest in their minds.

They’ll want to limit the amount they’ll have to pay for medical bills and other damages. You can fight back by highlighting the ways in which your injuries will impact your life in the near future. For instance, you can refer to your rising medical bills, your lost earning capacity and the emotional and physical pain that you’re currently experiencing.

You or your attorney will then draft the letter of demand and submit it to an insurer. The letter should contain all of the evidence that you’ve gathered, including witnesses’ statements and photographs of your injuries. Also, you will create an outline of the things you will not negotiate to ensure that the insurance company is not undervaluing your claim. When an agreement is reached the agreement will be recorded in a written settlement agreement. It’s not uncommon for back-and-forth to occur during the negotiation process, but remaining in the moment will help you get an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. The parties can seek medical records, police reports and witness statements. They may also send the other interrogatories (written questions that have to be completed under oath at the end of the specified time). In addition your attorney will provide documentation of the extent of your physical emotional and psychological injuries and the additional damages you could be seeking to recover, including existing and projected future medical costs, property damage, and lost wages.

Your lawyer will talk to other experts, including mechanics, medical specialists and engineers. These experts can assist the jury get a clear picture of the injuries and accidents you sustained.


Your lawyer will begin negotiations with insurance companies in order to try to settle your claim without a trial. If the insurance company fails to offer a fair settlement, or does not take into account your injuries or other damages, your case is likely to go to trial.

While a small number of cases do go to trial, it is important for victims to begin a lawsuit as soon as is possible. Memories fade, witnesses pass away, and evidence can be lost over time making it more difficult to establish a compelling case for maximum compensation. Additionally, you must comply with the statute of limitations in your state, which could range from 1 to 6 years.