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Phases of an Auto Accident Lawsuit

Injuries from car crashes can lead to significant medical bills, property damage, and even lost wages. An experienced lawyer can help to get the compensation you require.

The procedure is different depending on the case, but generally, it begins with filing an action. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an important component of any auto accident lawsuit. They will help the judge or jury understand how the injury has had an impact on your life, including the emotional, physical and financial burdens of your injuries. Insurance companies will be unable to argue with the information provided by medical records.

In accordance with the laws of your state and your doctor’s policy You may be granted only a short amount of time to request medical records from your healthcare provider. This is the reason why you should discuss your legal needs as soon as possible after an accident. Health Information Portability and Accountability Act or HIPAA, protects your right to access these medical records. However, this doesn’t mean that only you or your lawyer are able to examine your medical records. auto accident attorneys garden grove are always looking for evidence that could suggest your injuries might not be as severe as you claim or have a pre-existing condition.

Your lawyer will use the medical information you provide to draft the letter of demand, which will include evidence supporting the damages you want. Your lawyer should only give the relevant medical documents to your insurance company. They might request you to allow them to access your entire medical record. This is not in the best interest of your claim since it could reveal injuries from the past that are not related to this claim.

Reports of Police

When a police officer responds to a call for help, such as an accident, he produces a report. Although they are not admissible in the courts of law (they are deemed 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 during the accident, based on witnesses’ testimonies and the officer’s observations regarding the damage to the vehicles, weather conditions, drivers, and so on. It is a significant evidence piece that can help you win your car accident lawsuit against the defendant.

Usually you can request a copy your police report from the police station that handled the investigation by calling their non-emergency line and supplying an incident or receipt to identify the report. You can request copies of the report through the website of the police department.

You will need to file a lawsuit against the driver responsible once your medical bills along with lost wages and property damage reach the amount of. The police report is 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. Pre-trial proceedings can be lengthy and your case may not be resolved until one year after filing it.

Insurance Company Negotiations

After the adjuster has all the details they require from you as well as your car accident investigation, they will make an offer of settlement. They will enter all the facts and details into a software program to make their initial offer. They’ll likely arrive at a figure that’s much lower than what you calculated from your investigation. When insurance companies offer settlement offers, they’ve got their own financial interests in the back of their heads.

They will wish to limit the amount they are required to pay for medical bills and other damages. You can fight back if you highlight the way your injuries will affect your life in the near future. For instance, you can you can highlight the mounting medical bills, your diminished earning potential, as as the physical and mental pain you’re experiencing.


You or your attorney will then draft the letter of demand and submit it to an insurance company. It will contain all the evidence you have collected such as statements from witnesses, photographs of your injuries, and any documents that support your losses. Additionally, you should create a list of the non-negotiables that will ensure that the insurance company is not undervaluing your claim. 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 achieve an acceptable settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. The parties may request medical records, police reports, and witness statements. They can also send any additional interrogatories (written questions that have to be answered under oath by the end of a specified time). Your attorney will also document the extent of the physical psychological, emotional, and physical traumas you’ve suffered as well as any other damages that might be sought, like the amount of medical expenses you are currently and in the future as well as property damage and lost wages.

Your lawyer will also consult with experts like medical specialists mechanics, engineers, and mechanics. These experts can assist the jury get clear information about the injuries and accidents you sustained.

Your lawyer will then start negotiations with the insurance companies to resolve your case without trial. If the insurance company fails to provide you with an acceptable settlement or does not take into account your injuries and other losses, your case will likely go to trial.

It is crucial that victims file a suit as soon as they can, even if only a handful of cases get to court. Over time memories fade, witnesses pass away, 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 could range from 1 to 6 years.