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Phases of an Auto Accident Lawsuit

Medical bills, property damage, and lost wages can be significant following an accident in the car. A knowledgeable attorney can help you receive the compensation that you require.

The process can vary from case-to-case, but typically, it begins with the filing of an accusation. The discovery phase, trial and appeals follow.

Medical Records

Medical records are a vital part of any auto accident case. They will help the judge or jury to comprehend how the accident impacted your life, including the emotional, physical and financial cost of your injuries. Insurance companies will be unable to challenge the narrative told by medical records.

Based on the laws of your state and the policy of your doctor, you may have only a short amount of time to request medical records from your healthcare provider. This is why it is important to discuss your legal needs as soon as you can following an accident. The law protects your access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones who are able to look over your medical records. Insurance companies are usually keen to uncover anything that could suggest your injuries were pre-existing or not as severe as you claim.

Your lawyer will use your medical records in order to prepare a demand letters, which will include evidence to justify the damages you seek. Your lawyer should only supply the relevant medical records to your insurance company. They might ask you to grant them permission to access your entire medical record. This is not beneficial to your claim as it may reveal injuries from the past that are not related to the claim.

Reports of Police

Every time a police officer responds to a call for help, which could include an accident, he or she creates a police report. Although they cannot be admitted in a court of law (they are deemed to be hearsay) they can provide valuable information for attorneys who are conducting investigations and preparing cases.

A police report offers an objective account of the incident from the witness testimony of the officer and his observations regarding the weather conditions, drivers, and other factors. It is an important piece of evidence that can help you win your car accident lawsuit against the defendant.

You can usually request a copy from the police precinct that handled the investigation. Call their non-emergency phone number and provide an original receipt or an incident number to prove your identity. You can also request copies of police reports through the police department’s website.

After your medical bills as well as property damage and lost wages exceed an amount that is a certain amount, you’ll need to make a claim against the driver at fault. The police report can be a valuable tool during settlement negotiations, particularly in cases where you can show that the other driver was largely at fault based on the officer’s observations. However, many cases reach a settlement without ever going to trial. Pre-trial proceedings can take a long time and your case may not be resolved until a year after you file it.

Insurance Company Negotiations

When the adjuster has all of the information he needs from you as well as your car accident investigation, they’ll make an offer of settlement. To generate their first offer, they’ll input all the details and facts into an application on computers. They will most likely arrive at a figure that is much lower than the one you calculated from your study. When auto accident lawyer pasadena make settlement offers, they’ve got their own financial interests in their minds.

They will seek to limit the amount they will have to pay for medical bills and other damages. You can fight back when you highlight how your injuries will negatively impact your life in the future. You can, for example, point out your mounting medical bills and lost earning potential, as well being aware of the physical and mental suffering you are experiencing.

Your lawyer or you prepare a demand form and send it to the insurance company. It will contain all the evidence you’ve gathered including statements from witnesses, photographs of your injuries, as well as documents that support your losses. You should also create an outline of your non-negotiables to ensure you can prevent the insurance company from under-pricing you. When an agreement has been reached and the written settlement contract will reflect it. Negotiations are usually back and forth affair, but staying patient will help you achieve an equitable settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery, during which the parties exchange information and evidence. Parties may request medical documents, police reports or witness statements. They will also send another interrogatories (written questions that must be answered under oath before the deadline). Additionally your attorney will provide documentation of the extent of your physical emotional and psychological injuries in addition to the other damages you may be seeking to recover such as current and anticipated future medical costs, property damage, and lost wages.

Your lawyer will confer with other experts like mechanics, medical experts and engineers. They will help paint a an accurate picture of your crash and the extent of your injuries to the jury.


Finally, your attorney will begin negotiations with insurance companies to try to settle your claim without a trial. If the insurance company doesn’t offer you an equitable settlement or does not consider your injuries and other losses, your case is likely to go to trial.

While only a few cases get to trial, it is crucial for victims to make a claim as soon as possible. As time passes, memories fade, witnesses die, and evidence disappears which makes it more difficult to make a strong claim for the highest amount of compensation. In addition, you must abide with the statute of limitations in your state, which could vary from 1 to 6 years.