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Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages may be significant following an accident in the car. An experienced lawyer can help you in getting the amount of compensation you deserve.

The process is different from case to case but generally starts by filing a complaint. Then follows the discovery phase, trial and any appeals.

Medical Records

Medical records are an essential part of any auto accident lawsuit. They will assist jurors or judges to determine the impact of the injury on your life. This includes the emotional, financial physical, and emotional costs. Medical records will also tell a story that insurance companies will have a tough to argue.

You might only have a limited period of time, based on the laws in your state and the guidelines of your physician, to obtain medical records. It is recommended to consult with your lawyer as soon following an accident as you can. Health Information Portability and Accountability Act (HIPAA) HIPAA is a law that protects your right to access these documents. However, this does not mean that only you or your attorney can access your medical records. Insurance companies are often keen to look for anything that could suggest your injuries were pre-existing or not as severe as you claim.

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

Reports of the Police

Each time a police officer responds to a call for help, including an accident, he or she makes a police report. Even though they’re not admissible in court (they are deemed to be hearsay), they do provide invaluable information to attorneys investigating an accident and creating the case.

A police report is an objective account of what happened in the crash, based on witness testimonies and the officer’s observations regarding the damage to the vehicles and weather conditions, drivers and more. It is an important piece of evidence that could assist you in winning an auto accident lawsuit.

You can usually request a copy from the precinct who handled the investigation. Call their non-emergency phone number and provide a receipt or an incident number as proof of identification. You can request copies of the report through 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 have reached a certain value. The police report can prove to be a helpful tool during settlement negotiations, especially when you can demonstrate that the other driver was at fault based on the officer’s observations. Many cases are settled without going to trial. It can take a while to work through the pre-trial procedures and your lawsuit might not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all of the information they require from you, and the investigation into the accident is complete, they will offer an offer for settlement. To generate their first offer, they’ll input all the information and details into the computer program. They’ll probably produce a number that is much lower than the one you calculated based on your research. It’s important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They’ll want to reduce the amount they have to pay for medical expenses and other damage. auto accident attorneys independence are able to fight back if you explain how your injuries will negatively impact your life in the coming years. For instance, you could you can highlight the mounting medical bills and the loss of earning potential, as well as the physical and mental suffering you’re feeling.

You or your attorney will then prepare a letter of demand and submit it to an insurer. This letter should include all of the evidence that you have gathered including witness statements and photos of your injuries. You’ll also prepare the list of your non-negotiables to ensure you can deter the insurance company from negotiating with you. When an agreement is reached it will be documented in an agreement for settlement in writing. It’s common for a back-and-forth to take place during these negotiations, but being in the moment will help you get an equitable settlement.

Legal Advice

The next stage in the car lawsuit involving an accident is discovery, where both sides exchange information and evidence. The parties can seek medical documents, police reports or witness statements. The parties may also trade interrogatories that are written questions which have to be answered on an oath within the time limit. Additionally your lawyer will record the extent of your physical, emotional and psychological injuries and any other damages that you could seek to compensate for that are incurred, such as future medical costs, property damage, and lost wages.


Your lawyer will talk to other experts, like mechanics, medical experts and engineers. These experts will aid in painting a an accurate picture of the 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 trial. If the insurance company is unable to offer an acceptable settlement or doesn’t take into consideration your injuries and other damages your case will likely be heard in court.

While a small number of cases do go to trial it is important for victims to begin a lawsuit as soon as they can. Memories fade, witnesses can pass away, and evidence can be lost as time passes making it more difficult to present a convincing case to get the maximum amount of compensation. You must also adhere to the statute of limitations for your state which can vary from 1 to 6 years.