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Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages may be significant following a car accident. An experienced attorney can assist you in obtaining the financial compensation you deserve.

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

Medical Records

Medical records are an important part of any auto accident lawsuit. They will assist the jury or judge determine the impact of the injury on your life. This includes the financial, emotional physical and emotional costs. Insurance companies will be unable to challenge the narrative told by medical records.

Depending on your state’s laws and your doctor’s guidelines In some states, you’ll have a limited amount of time to request medical documents from healthcare providers. It is recommended to consult with your lawyer as soon following an accident as possible. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these documents. However, this doesn’t mean that only you or your lawyer will be able to view your medical records. Insurance companies are usually keen to discover anything that may suggest your injuries were pre-existing or not as severe as you think.

Your lawyer will make use of your medical records to prepare a demand letter that will include evidence to justify the damages you seek. Your lawyer should only supply the relevant medical documents to your insurance company. They may require you to give them permission to access your entire medical record. This is not in your best interest as it could reveal past injuries that aren’t related to the current claim.

Reports of the Police


Every time a police official responds to a request for help, such as an accident, he or she prepares a police report. Although they aren’t admissible in a court of law (they are deemed to be hearsay), they provide valuable information to attorneys when they are investigating and preparing their cases.

A police report is an independent account of the crash which is based on the witnesses’ testimony as well as the officer’s observations regarding the weather conditions, drivers, and a variety of other factors. It is a significant piece of evidence that can help you win your car accident lawsuit against the defendant.

Typically, you can request a copy your police report from the precinct which handled the investigation by calling their emergency number and providing an invoice or incident number to identify it. The police department may also have a website where you can request copies of records online.

You will need to file a suit against the driver at fault once your medical bills as well as lost wages and property damage reach an amount. The police report can be a valuable tool in settlement negotiations, especially when you can demonstrate that the other driver was at fault based on the police 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 into the car accident and investigation, they will make a settlement offer. They will then input all the information and facts into a software program to create their initial offer. Most likely, they’ll come up with a much lower number than you calculated from your research. When insurance companies make settlement offers, they have their own financial interests in the back of their heads.

They will wish to limit the amount they will have to pay for medical bills and other damages. You can counter by highlighting the ways in which your injuries will affect your life in the future. For auto accident lawyer district of columbia , you can highlight your growing medical bills, your diminished earning capacity and the emotional and physical pain that you’re currently experiencing.

Your attorney or you will then prepare the letter of demand and present it to an insurance company. The letter should include all of the evidence that you’ve collected, including witnesses’ statements and photographs of your injuries. You should also create an inventory of your non-negotiables, so you can stop the insurance company from negotiating with you. After an agreement has been reached the written settlement agreement will reflect it. It’s common for a back-and-forth to take place during these negotiations, but remaining patient will help you reach a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. Parties can request medical records, police reports, and witness statements. The parties may also exchange interrogatories which are written questions which must be answered under the oath within a specified time. In addition your attorney will provide documentation of the extent of your physical emotional and mental injuries in addition to the other damages you could seek compensation for, including existing and projected future medical costs, property damage, and lost wages.

Your lawyer will also confer with experts, such as medical experts mechanics, engineers, and mechanics. They will help paint a a vivid picture of your crash and the extent of your injuries to the jury.

Then, your lawyer will begin negotiations with insurance companies to attempt to settle your claim without a trial. However, if the insurance company offers you a low settlement or fails to take your injuries and other damages into consideration the case could proceed to trial.

While a small number of cases do go to trial it is important for victims to start a lawsuit as quickly as they can. Memories fade, witnesses die and evidence can disappear in time making it more difficult to present a convincing case to get the maximum amount of compensation. You must also comply with your state’s statute of limitations which can vary from 1 to 6 year.