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Phases of an Auto Accident Lawsuit

Damage to property, medical bills, and lost wages can be substantial following a car accident. An experienced lawyer can help you receive the compensation you need.

The process is different from case-to-case, but generally starts by filing a complaint. The discovery phase, trial, and appeals follow.

Medical Records

Medical records are an important element in any auto accident lawsuit. They will assist jurors or judges to determine the impact of the injury on your life. This includes the financial, emotional physical and emotional costs. Medical records can also tell an account that insurance companies will have a hard to dispute.

Depending on your state’s laws and the policy of your doctor depending on your state’s laws and your doctor’s policy, you could have a limited amount of time to request medical records from your healthcare provider. This is why you should contact your lawyer as soon as possible after an accident. The law protects your access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones to look over your medical records. Insurance companies are generally keen to find anything that might indicate that your injuries were not pre-existing or not as severe as you claim.

Your lawyer will make use of the medical records you provide to draft a letter of demand that will include evidence supporting the damages you want. It is imperative that your lawyer only provide relevant medical documents to the insurance company, because they could ask you to sign a medical authorization that permits them to access all of your medical records. This is not the best option for your claim since it could reveal past injuries not related to this claim.

Reports of Police

Every time a police official responds to a call for assistance, or an accident, he creates a police report. Although they’re not admissible in court (they are considered to be hearsay) however, they provide valuable information to attorneys when investigating an accident and creating a case.

A police report offers an objective account of the incident which is based on the witnesses’ testimony and the officer’s observations regarding the weather conditions, drivers, and other elements. It is a crucial piece of evidence which can help you win a lawsuit for car accidents.

Usually you can request a copy of your police report from the precinct that was responsible for the investigation by calling their non-emergency phone number and providing a receipt or incident number to identify the report. You can also request copies of police reports through the department’s website.

You’ll have to file a lawsuit against the driver who was at fault after your medical expenses, lost wages, and property damage have reached an amount. The police report can prove to be a helpful tool during 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 having to go to trial. It can take a while to go through the steps before trial and your lawsuit might not be resolved for a year or more.

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Once the adjuster has all the details they require from you and your vehicle accident investigation, he’ll make an offer to settle. To create their initial offer, they will enter all the details and facts into an online program. They’ll probably come up with a number which is significantly lower than the number you calculated based on your study. It’s important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They’ll want to limit the amount they’ll need to pay for your medical expenses and other damages. You can counter by pointing out the ways in which your injuries will affect your life going forward. For instance, you can refer to your rising medical bills, your decreased earning potential, and the emotional and physical pain that you’re currently experiencing.

Your attorney or you then prepare an order letter and submit it to an insurance company. It should include all the evidence you’ve gathered and include statements from witnesses, photographs of your injuries and any evidence to support your losses. You’ll also prepare an inventory of your non-negotiables to ensure you can stop the insurance company from negotiating with you. When an agreement is reached the agreement will be recorded in the form of a written settlement agreement. It’s normal for a back-andforth to take place during the negotiation process, but remaining in the moment will help you get an acceptable settlement.


Legal Advice

Discovery is the next phase of the lawsuit in which the parties exchange information and evidence. Parties may seek medical records, police reports and witness statements. The parties may also trade interrogatories that are written questions which must be answered under an oath within the time limit. Your attorney will also record the extent of physical mental, emotional, or psychological traumas you’ve suffered in addition to any other damages which could be sought, such as the current and anticipated medical expenses as well as property damage and lost wages.

Your lawyer will speak with other experts, like mechanics, medical experts and engineers. They will help paint a a vivid picture of the crash and your injuries for the jury.

Your lawyer will begin discussions with insurance companies to try to settle your claim without trial. However, if the insurance company provides you with a small settlement or does not take your injury and other damages into consideration, your case will likely be heard at trial.

It is vital that victims file a lawsuit as soon as possible, even though only a few cases make it to court. Memory fades, witnesses disappear and evidence may be lost as time passes and it becomes difficult to establish a compelling case for maximum compensation. You must also follow your state’s statute of limitations, which can vary from 1 to 6 year.