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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. An experienced lawyer can help you in receiving the amount you are due.

The process may differ from case-to-case, but generally it starts with the filing of the complaint. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an important element in any auto accident lawsuit. They can help the judge or jury comprehend how the accident affected your life, as well as the emotional, physical and financial consequences of your injuries. Medical records can also tell an insurance company a story they will have a difficult time disputing.

Depending on your state’s laws and your doctor’s policy depending on your state’s laws and your doctor’s policy, you could have the time to request medical records from your healthcare provider. This is the reason why you should consult with a 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). This doesn’t mean you or your lawyer are the only ones who are able to view your medical records. Insurance companies are often keen to find anything that might suggest that 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 letter which will include evidence to support the damages you are seeking. Your lawyer should only provide the relevant medical records to your insurance company. They might ask you to authorize them to access your complete medical record. This is not in your best interest because it could reveal prior injuries that aren’t related to the present claim.

Police Reports

Police reports are created each time a law enforcement officer responds to an emergency and also car accidents. Although they’re not admissible in court (they are deemed to be hearsay) they can provide invaluable information to attorneys investigating an accident and preparing an argument.

A police report gives an independent account of the crash, based on the witness testimony of the officer and his observations of the weather conditions, drivers, and a variety of other factors. It is a crucial piece of evidence which can aid in winning a lawsuit for car accidents.

Typically you can request a copy of your police report from the precinct which handled the investigation by calling their emergency number and supplying an incident or receipt to identify it. The police department might also have a website where you can request copies online.

When your medical bills, property damage and lost wages reach the amount of a certain amount, then you will need to bring a lawsuit against the at-fault driver. The police report can be a useful tool during settlement negotiations, especially in cases where you can show that the other driver was at fault, based on an 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 one year after you file it.

Insurance Company Negotiations

When the adjuster has all the information they require from you and your car accident investigation, they will make a settlement offer. They will input all the facts and details into a software program to generate their initial offer. They’ll probably be able to come up with a figure which is lower than what you calculated from your research. When insurance companies offer settlement offers, they have their own financial interests in the back of their heads.

They’ll want to limit the amount they’ll have to pay for medical expenses and other damages. auto accident lawyer pearland can fight back by pointing out all the ways that your injuries will negatively impact your life in the future. For instance, you can refer to your rising medical bills, your decreased earning capacity and the emotional and physical pain you’re experiencing.

Your attorney or you will prepare the letter of demand and then present it to an insurer. The letter should contain all the evidence you’ve collected, including witness statements and photos of your injuries. You’ll also prepare an inventory of your non-negotiables, so you can keep the insurance company from under-pricing you. Once an agreement is reached and the written settlement contract will reflect it. It’s normal for a back and forth to take place during these negotiations, but remaining in the moment will help you get an acceptable settlement.

Legal Advice


The next phase in the car accident lawsuit is discovery. During this process, the parties exchange information and evidence. Parties may request medical records and police reports, and witness statements. They can also send any additional interrogatories (written questions to be answered under oath by end of a specified time). Additionally the attorney will also document the extent of your physical emotional and psychological injuries as well as the other damages you may seek to compensate for in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will talk to other experts, such as mechanics, medical specialists, and engineers. These experts will aid in painting a a vivid image of your crash and your injuries for the jury.

Then, your lawyer will begin negotiations with insurance companies to try to settle your claim with out a trial. If the insurance company provides you with an unsatisfactory settlement or does not take your injury and other damages into account, your case will likely go to trial.

It is vital that victims file a suit as soon as they can, even if only a handful of cases make it to court. Memory fades, witnesses disappear and evidence may be lost over time and make it difficult to establish a compelling case to get the maximum amount of compensation. In addition, you must abide with the statute of limitations in your state, which can range from 1 to 6 years.