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Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages could be substantial following an auto accident. An experienced attorney can help to get the compensation you need.

The procedure varies from case to case but generally, it begins with filing a complaint. This is followed by the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential element in any auto accident lawsuit. They will assist jurors or judges determine how the accident has affected your life, as well as the emotional, physical and financial cost of your injuries. Medical records will also reveal an account that insurance companies will have a tough to argue.

In accordance with the laws of your state and the policies of your doctor, you may have the time to request medical documents from healthcare providers. This is why it is important to speak with your lawyer as soon as possible after an accident. The law provides access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this doesn’t mean that you or your lawyer are the only ones able to look over your medical records. Insurance companies are always looking for anything that suggests that your injuries aren’t as severe as you think or that you have a pre-existing condition.

Your lawyer will utilize the medical records you provide to prepare the letter of demand, which will include evidence to support the damages you’re seeking. It is imperative to ensure that your lawyer provides relevant medical records to the insurance company, because they could ask you to sign a medical authorization that permits them to access all your medical records. This is not in the best interest of your claim as it may reveal injuries from the past that are not related to this claim.

Police Reports

Police reports are produced each time a police officer responds to an emergency or accident, such as car accidents. Although they aren’t admissible in a court of law (they are considered to be hearsay) They are a valuable source of information to attorneys when they are researching and preparing cases.

A police report provides an objective account of the accident that is based on the witness’ testimony as well as the officer’s observations regarding the weather conditions, drivers, and other aspects. It’s a crucial evidence piece that can assist you in winning your car accident lawsuit against the defendant.

You can usually request a copy from the precinct who handled the investigation. Call their non-emergency phone number and provide a receipt or an incident number as identification. You can request copies of the report through the police department’s website.

You will need to file a suit against the driver at fault when your medical bills as well as lost wages and property damage reach an amount. The police report is an essential tool in settlement negotiations, especially when you can prove the other driver’s fault based on observations made by the officer. But, many cases settle a settlement without ever going to trial. It could take a long time to work through the pre-trial procedures and your case might not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the information they need from you and the investigation of the car accident and investigation, they will make an offer for settlement. To generate their first offer, they’ll enter all the information and details into an online program. They’ll most likely be able to come up with a figure which is lower than what you calculated based on your study. It’s important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They’ll want to limit the amount they’ll need pay for medical expenses and other damages. You can fight back if point out the way your injuries will impact your life in the coming years. For instance, you could mention your increasing medical bills and lost earnings potential, as well being aware of the physical and mental suffering you’re feeling.

auto accident attorney st louis or you create an order letter and then present it to an insurance company. It will contain all the evidence you have collected including witness statements, photographs of your injuries and any documents that support your losses. You’ll also make an outline of your non-negotiables to ensure you can prevent the insurance company from undercutting you. After an agreement has been reached the written settlement agreement will reflect it. Negotiations are often a back and forth, but staying patient will help you achieve an equitable settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery, during which both sides exchange information as well as evidence. Parties can require medical records or police reports and witness statements. They will also send any additional interrogatories (written questions that have to be completed under oath at the end of a specified time). Your lawyer will also record the severity of the physical mental, emotional, or psychological injuries you’ve suffered, and any other damages that might be sought out, such as current and projected medical expenses, property damage, and lost wages.


Your lawyer will talk to other experts like mechanics, medical professionals and engineers. These experts can assist the jury get clear information about the injuries and accidents you sustained.

Your lawyer will then start discussions with insurance companies in order to settle your case without trial. If the insurance company offers you a small settlement or fails to take your injuries and other damages into consideration the case will go to trial.

While a small number of cases do go to trial, it is crucial for victims to start a lawsuit as quickly as possible. Over time memories fade, witnesses pass away and evidence is lost, making it more difficult to make a strong claim for the highest amount of compensation. Plus, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.