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Phases of an Auto Accident Lawsuit

Car accident injuries can result in substantial medical bills, property damage, and even lost wages. A knowledgeable attorney can assist you in obtaining the compensation you deserve.


The process is different from case-to-case, however, generally it starts with filing a complaint. Then comes the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential element in any auto accident case. They will aid the judge or jury to know how the injury had an impact on your life, including the physical, emotional and financial burdens of your injuries. Medical records will also provide an insurance company a story they will have a hard time disputing.

auto accident law firm durham may only have a certain amount of time, depending on the laws of your state and the policy of your doctor, to request medical records. This is why it is important to contact your lawyer as soon as you can following an accident. Health Information Portability and Accountability Act or HIPAA ensures that you have the right to access these documents. This does not mean you or your lawyer are the only ones able to look over your medical records. Insurance companies are often keen to uncover anything that could suggest that your injuries were pre-existing or not as severe as you claim.

Your lawyer will use your medical records to draft a demand letter, which will contain evidence to justify the damages you are 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 interests since it could expose past injuries that aren’t related to the present claim.

Reports of the Police

Every time a police official responds to a call for help, such as an accident, he makes a police report. Although they aren’t admissible in a court of law (they are considered to be hearsay) They are a valuable source of information for attorneys when conducting investigations and preparing cases.

A police report provides an objective account of what happened in the accident, based on witness testimony and observations by the officer about the vehicle’s damage the weather, the drivers and more. It’s an important piece of evidence which can aid you in winning a lawsuit for car accidents.

You can usually request a copy of the records from the precinct responsible for the investigation. Call their non-emergency line and provide an original receipt or an incident number for identification. The police department might also have a website where you can request copies of your records online.

You will need to file a lawsuit against the driver responsible when your medical bills as well as lost wages and property damage reach a certain value. The police report can be an effective tool in settlement negotiations, especially in cases where you can show that the other driver was largely at fault based on the police officer’s observations. A lot of cases are settled without having to go to trial. The process of preparing for trial can be lengthy and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

When the adjuster has all the information he needs from you and your car accident investigation, he will make an offer to settle. They will put all the information and facts into a program that will generate their initial offer. Most likely, they’ll come up with a much lower number than 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 wish to limit the amount they have to pay in medical bills and other damages. You can counter by highlighting the many ways that your injuries will negatively impact your life in the future. For instance, you could highlight your growing medical bills, your lost earning potential, and the physical and emotional suffering you’re going through.

Your attorney or you will prepare an order letter and present it to an insurance company. This letter should include all the evidence you’ve gathered, including witness statements and photos of your injuries. Also, you’ll make the list of the items you cannot negotiate, so you can deter the insurance company from negotiating with you. When an agreement is reached, it will be reflected in an agreement to settle in writing. Negotiations are often a back and forth process, but remaining patient will aid in achieving an equitable settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery, where both parties exchange information and evidence. The parties can seek medical records, police reports, and witness statements. The parties can also exchange interrogatories which are written questions which have to be answered on oath within a certain time. Additionally your attorney will provide documentation of the extent of your physical emotional and mental injuries and the additional damages you could seek compensation for in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will confer with other experts, including mechanics, medical professionals and engineers. These experts can assist the jury get an accurate picture of the injuries and accidents you sustained.

Your lawyer will then start discussions with insurance companies to resolve your case with no trial. If the insurance company is unable to offer you an acceptable settlement or does not take into account your injuries and other damages your case will likely be heard in court.

It is vital that victims file a lawsuit immediately even though very few cases are heard in the courtroom. The memories fade, witnesses die and evidence can disappear in time, making it harder to make a strong case for the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which could vary from 1 to 6 years.