Write About Everything

Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages could be substantial following an accident. A knowledgeable attorney can help to get the compensation you need.

The process can vary from case to case but usually begins with the filing of an action. This is followed by the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential component of any auto crash case. They will assist the judge or jury comprehend how the accident impacted your life, including the physical, emotional and financial burdens of your injuries. Medical records will also tell an account that insurance companies will have a hard time disputing.

Based on the laws of your state and your doctor’s policy You may be granted only a short amount of time to request medical records from your healthcare provider. This is why it is important to consult with a lawyer whenever you can following an accident. The law safeguards 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 view your medical records. Insurance companies are always looking for anything that could indicate your injuries may not be as serious as you claim or pre-existing.

Your lawyer will use the medical information you provide to draft a letter of demand that will include evidence in support of the damages you want. Your lawyer should only give the relevant medical documents to your insurance company. They might ask you to authorize them to access your entire medical record. This is not beneficial to your claim, as it could expose past injuries that are not relevant to this claim.

Police Reports

Police reports are prepared each time a law enforcement officer responds to an emergency call for example, car accidents. Although they’re not admissible in court (they are deemed to be hearsay) however, they provide important information to attorneys when investigating an accident and preparing the case.


A police report offers an independent account of the crash from the witness testimony of the officer and his observations of the weather conditions, the drivers, and other aspects. It’s an important document that can assist you in winning your lawsuit for car accidents against the defendant.

Typically, you can request a copy your police report from the precinct that handled the investigation by calling their non-emergency phone number and supplying a receipt or incident number to identify it. You can also request copies of records on the police department’s website.

You will need to file a suit against the driver who was at fault once your medical bills along with lost wages and property damage have reached an amount. The police report is an effective tool for settlement negotiations, especially if you can prove the other driver’s negligence through the observations of the officer. But, many cases settle an agreement without ever going to trial. The process of preparing for trial can be lengthy and your case may not be resolved until one year after filing it.

Insurance Company Negotiations

Once the adjuster has all the information they need from you and your vehicle accident investigation, he’ll make an offer of settlement. To create their initial offer, they’ll input all the details and facts into a computer program. Most likely, they’ll produce a significantly smaller number than what you estimated based on your study. It’s important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.

They’ll want to limit the amount they have to pay for your medical bills and other damages. You are able to fight back if you explain the way your injuries will affect your life in future. For instance, you could you can highlight the mounting medical bills and lost earnings potential, as well in the mental and physical suffering you’re experiencing.

Your lawyer or you prepare a demand form and send it to the insurance company. The letter should contain all the evidence you’ve gathered such as witnesses’ statements and photographs of your injuries. You should also make an outline of the things you will not negotiate to keep the insurance company from undervaluing your claim. If an agreement is reached the agreement will be recorded in an agreement to settle in writing. Negotiations are usually back and forth affair, but being patient can ensure an equitable settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery. During this process, both sides exchange information and evidence. The parties can seek medical records, police reports, and witness statements. The parties will also exchange interrogatories that are written questions which have to be answered on oath within a certain time. Additionally, your attorney will document the extent of your physical emotional and psychological injuries as well as the other damages you might be seeking to recover such as current and anticipated future medical costs, property damage, and lost wages.

Your lawyer will also speak with experts, such as medical experts as well as mechanics and engineers. These experts can assist the jury get clear information about your injuries and accident.

Your lawyer will begin negotiations with insurance companies in order to attempt to settle your claim without trial. If the insurance company doesn’t offer a fair settlement, or doesn’t take into consideration your injuries or other damages, your case is likely to be heard in court.

Although a small percentage of cases make it to trial, it is crucial for victims to file a lawsuit as soon as possible. auto accident lawyer st charles fade, witnesses pass away, and evidence can be lost as time passes and make it difficult to build a strong case for maximum compensation. You must also comply with the statute of limitations for your state that can range between 1 and 6 years.