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Phases of an Auto Accident Lawsuit

Car crash injuries can lead to significant medical bills along with property damage and lost wages. A knowledgeable attorney can assist you in obtaining the financial amount of compensation you deserve.

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

Medical Records

Medical records are an essential element of any auto accident lawsuit. They can help the judge or jury to comprehend how the accident affected your life, as well as the emotional, physical and financial cost of your injuries. Insurance companies will be unable to argue with the information provided by medical records.

According to the laws of your state and your doctor’s policy In some states, you’ll have a limited amount of time to request medical records from healthcare providers. You should speak with your lawyer as soon after an accident as is possible. Health Information Portability and Accountability Act or HIPAA guarantees your right to access these records. However, this doesn’t mean that only you or your attorney can see your medical records. Insurance companies are generally keen to look for anything that could suggest your injuries were pre-existing or not as severe as you think.


Your lawyer will make use of the medical records you provide to draft the letter of demand, which will include evidence supporting the damages you’re seeking. It is crucial 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 beneficial to your claim since it could reveal past injuries not related to the claim.

Police Reports

Police reports are produced each time a police officer responds to an emergency for example, car accidents. Even though they’re not admissible in court (they are deemed to be hearsay) however, they provide valuable information to attorneys when investigating an accident and preparing the case.

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

You can typically request a copy of the records from the police precinct that handled the investigation. Call their emergency line and provide an original receipt or an incident number to prove your identity. The police department may also have a website on which you can request copies of the records online.

If your medical bills and property damage as well as lost wages reach an amount that is a certain amount, you will need to file a lawsuit against the at-fault driver. The police report can be a valuable tool in settlement negotiations, especially in cases where you can show that the other driver was largely at fault based on the police officer’s observations. However, auto accident attorney kent reach an agreement without ever going to trial. It can take a while to complete the pre-trial process and your case may not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the details they require from you as well as the investigation into the car accident, they will extend an offer for settlement. To create their initial offer, they will enter all the information and details into the computer program. Most likely, they’ll arrive at a smaller amount than you anticipated based on your research. It’s important to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers.

They’ll want to reduce the amount they’ll have to pay for your medical bills and other damages. You can fight back by highlighting all the ways that your injuries will impact your life going forward. For instance, you can highlight your growing medical bills, your lost earnings capacity and the emotional and physical pain you’re experiencing.

Your attorney or you prepare the letter of demand and then present it to an insurer. The letter should include all of the evidence that you’ve collected, including witness statements and photos of your injuries. Also, you’ll make a list of the items you cannot negotiate, so you can deter the insurance company from under-pricing you. Once an agreement is reached it will be documented in the form of a written settlement agreement. Negotiations are often a back and forth affair, but being patient can help you achieve a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which the parties exchange information and evidence. Parties can request medical records and police reports, as well as witness statements. The parties may also exchange interrogatories that are written questions that have to be answered under an oath within the time limit. Additionally your attorney will provide documentation of the extent of your physical emotional and psychological injuries and the additional damages you could be seeking to recover, including existing and projected future medical costs, property damage, and lost wages.

Your lawyer will confer with other experts, like medical specialists, mechanics and engineers. These experts will aid in painting a an appealing image of the accident and the injuries you sustained for the jury.

Your attorney will then start discussions with insurance companies in order to resolve your case without trial. However, if the insurance company offers a small settlement or does not take your injuries and other damages into consideration, your case will likely go to trial.

Although few cases actually get to trial, it is vital for the victims to file a lawsuit as soon as they can. Memories fade, witnesses disappear, and evidence could be lost as time passes and it becomes difficult to make a strong case to get the maximum amount of compensation. You must also follow the statute of limitations for your state which can range from 1 to 6 year.