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Phases of an Auto Accident Lawsuit

Property damage, medical bills, and lost wages can be significant following an accident in the car. A knowledgeable attorney can assist you in receiving the amount of compensation you deserve.

The process may differ from case-to-case, but usually starts with the filing of the complaint. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an important element in any auto accident lawsuit. They will help jurors or judges know the effects of the injury on your life. This includes the financial, emotional, and physical costs. Insurance companies will find it difficult to argue with the information provided by medical records.


In accordance with the laws of your state and the policy of your doctor, you may have a limited amount of time to request medical records from healthcare providers. This is the reason why you should discuss your legal needs whenever you can following an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA ensures that you have the right to access these documents. But, this doesn’t mean that only you or your attorney can view your medical records. Insurance companies are always looking for anything that could indicate your injuries may not be as severe as you think or that you have a pre-existing condition.

Your lawyer will make use of the medical records that you supply to write the letter of demand, which includes evidence to justify the damages you are seeking. Your lawyer should only supply the relevant medical records to your insurance company. They might require you to give them permission to access your complete medical record. This is not in your best interest since it could reveal previous injuries that aren’t directly related to the present claim.

Reports of Police

Police reports are generated each time a law enforcement officer responds to an emergency for example, car accidents. Although they cannot be admitted in a court of law (they are considered to be hearsay) They are a valuable source of information to attorneys in the process of investigating and preparing cases.

A police report is an objective view of what happened in the accident, based on witness testimony and observations by the officer regarding the damage to the vehicles, weather conditions, drivers, and so on. It is a significant piece of evidence that could assist you in winning your lawsuit for car accidents against the defendant.

You can usually request a copy from the precinct responsible for the investigation. Call their emergency line and provide the receipt or incident number as identification. auto accident lawsuit indianapolis can request copies of your police report through the police department’s website.

After your medical expenses, property damage and lost wages are at a certain amount, you will need to make a claim against the driver who is at fault. The police report can be an effective tool in settlement negotiations, particularly if you can prove that the other driver was at blame based on the officer’s observations. A lot of cases are settled without going to trial. It can take time to work through the pre-trial procedures and your case might not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the information they require from you, and the investigation into the car accident, they will extend a settlement offer. To generate their first offer, they’ll enter all the details and facts into the computer program. They’ll most likely produce a number that is much lower than the one you calculated based on your research. When insurance companies offer settlement offers, they’ve got their own financial interests in mind.

They’ll want to reduce the amount they’ll have to pay for your medical expenses and other damage. You can fight back by highlighting the ways in which your injuries will impact your life going forward. You could, for instance, point out your mounting medical bills, your diminished earnings potential, as well as the physical and mental suffering you’re feeling.

Your attorney or you then prepare the letter of demand and present it to an insurer. This letter will include all of the evidence that you’ve gathered such as witness statements and photos of your injuries. You should also create an outline of the items you cannot negotiate, so you can prevent the insurance company from under-pricing you. When an agreement is reached it will be documented in a written settlement agreement. It’s common for a back-and-forth to occur during these negotiations, but remaining calm will allow you to reach an equitable settlement.

Legal Advice

The next stage in the car lawsuit involving an accident is discovery, in which the parties exchange information and evidence. Parties may request medical records, police reports, as well as witness statements. They can also send each other interrogatories (written questions that must be answered under oath by end of a specified time). Your attorney will also record the severity of the physical emotional, psychological, and physical injuries you’ve sustained, as well as any other damages that could be sought, like current and projected medical expenses along with property damage, lost wages.

Your lawyer will also consult with experts such as medical professionals as well as mechanics and engineers. These experts will help paint a a vivid picture of the crash and the injuries you sustained for the jury.

Then, your lawyer will begin negotiations with insurance companies in order to attempt to settle your claim without trial. If the insurance company doesn’t provide you with a fair settlement or doesn’t take into consideration your injuries and other losses, your case is likely to go to trial.

Although a small percentage of cases get to trial, it is vital for the victims to start a lawsuit as quickly as is possible. As time passes 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 be anywhere from one to six years.