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Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages may be substantial following a car accident. An experienced lawyer can help you in obtaining the financial amount of compensation you deserve.

The process is different depending on the case, however, it generally begins with filing a complaint. Then follows the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential element of any auto accident lawsuit. They will help the jury or judge understand the impact of the accident on your life. This includes the emotional, financial physical, and emotional expenses. Insurance companies will have a hard time to challenge the narrative told by medical records.


You may only have a specific amount of time, depending on the laws of your state and the guidelines of your physician, to obtain medical records. It is recommended to consult with your lawyer as soon following an accident as you can. The law guarantees access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones who are able to view your medical records. Insurance companies will often try to uncover anything that could suggest your injuries were pre-existing or not as severe as you think.

Your lawyer will use your medical records in order to draft a demand letter, which will contain evidence to justify the damages you are seeking. It is imperative that your lawyer only provides relevant medical documents to the insurance company as they may request you to sign a medical authorization that allows them to access all of your medical records. This is not beneficial to your claim, as it could expose past injuries that are not relevant to the claim.

Police Reports

Every time a police officer responds to a call for assistance, or an accident, he prepares a police report. Even though they’re not admissible in court (they are considered to be hearsay) however, they provide important information to attorneys when investigating an incident and preparing cases.

A police report provides an objective account of what happened in the crash, based upon witness testimonies and the officer’s observations about the vehicles’ damage and weather conditions, drivers and more. It’s a vital piece of evidence that could aid in winning a lawsuit for car accidents.

You can usually request a copy from the precinct responsible for the investigation. Call their emergency line and provide the receipt or incident number as identification. The police department might also have a website on which you can request copies of records online.

You will need to file a suit against the driver who was at fault once your medical bills as well as lost wages and property damage have reached an amount. The police report can be an effective tool during settlement negotiations, particularly when you can prove that the other driver was largely at fault, based on an officer’s observations. Many cases are settled without going to trial. It can take time to work through the pre-trial process and your case may not be resolved for a year or more.

Insurance Company Negotiations

Once the adjuster has all the information he needs from you as well as your car accident investigation, he will make an offer of settlement. To create their initial offer, they’ll enter all the details and facts into the computer program. Most likely, they will come up with a much smaller number than what you estimated in your investigation. When insurance companies make settlement offers, they have their own financial interest in mind.

They’ll wish to limit the amount they are required to pay for medical bills and other damages. You can counter by highlighting all the ways that your injuries will negatively impact your life going forward. You can, for example mention your increasing medical bills and the loss of earnings potential, as well in the mental and physical pain you’re experiencing.

Your lawyer or attorney will then draft a demand letter and send it to the insurance company. This letter should include all of the evidence that you’ve collected, including witness statements and photos of your injuries. Additionally, you should create a list of non-negotiables to ensure that the insurance company is not undervaluing your claim. After an agreement has been reached and the written settlement contract will reflect it. It’s normal for a back and forth to take place during these negotiations, but being in the moment will help you get an acceptable settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. The parties may request medical records, police reports and witness statements. They can also send any additional interrogatories (written questions that must be answered under oath by end of a specified time). auto accident law firm tallahassee will also write down the severity of physical, emotional, and psychological injuries you have suffered, in addition to any other damages that might be sought, including the amount of medical expenses you are currently and in the future, property damage, and lost wages.

Your lawyer will also speak with experts such as medical specialists mechanics, engineers, and mechanics. They will help paint a an accurate image of your crash and your injuries for the jury.

Then, your lawyer will begin negotiations with insurance companies in order to try to resolve your claim without trial. If the insurance company provides you with a low amount of money or does not take your injuries and other damages into consideration the case will go to trial.

It is essential that victims file a lawsuit immediately, even though only a few cases will ever make it to the courtroom. With time, memories fade, witnesses die, and evidence disappears and it becomes more difficult to make a strong claim for the highest amount of compensation. You must also follow the statute of limitations in your state which can range from 1 to 6 year.