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Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in significant medical bills, property damage, and even lost wages. A knowledgeable attorney can assist you in receiving the justice you deserve.

The process varies depending on the case, however, generally it starts with filing an action. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an important element in any auto accident lawsuit. They will assist the judge or jury to know how the injury had an impact on your life, including the physical, emotional and financial consequences of your injuries. Insurance companies will have a hard time to refute the story portrayed by medical records.

Depending on your state’s laws and your doctor’s policy In some states, you’ll have the time to request medical records from healthcare providers. It is recommended to consult 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 documents. However, this doesn’t mean that only you or your lawyer are able to examine your medical records. Insurance companies are always looking for any sign that suggests that your injuries aren’t as severe as you claim or pre-existing.

Your lawyer will utilize your medical records to prepare a demand letter which will include evidence to support the damages you seek. Your lawyer must only provide the relevant medical documents to your insurance company. They may require you to give them permission to access your entire medical record. This is not the best option for your claim, as it could reveal previous injuries that are not connected to the claim.


Police Reports

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

A police report gives an objective account of the incident which is based on the witnesses’ testimony as well as the officer’s observations of the weather conditions, the drivers, and other elements. It is a significant piece of evidence that can help you win your car accident lawsuit against the defendant.

You can typically request a copy of the records from the precinct that was responsible for the investigation. Call their non-emergency line and provide the receipt or incident number as identification. You can request copies of the report through the department’s website.

After your medical bills or property damage, as well as lost wages exceed a certain amount, you will need to bring a lawsuit against the driver who is at fault. The police report can be a valuable tool during settlement negotiations, especially if you can prove that the other driver was at fault based on the police officer’s observations. Many cases are settled without having to go to trial. It can take a while to complete the pre-trial process and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

After the adjuster has all of the details they require from you as well as your car accident investigation, he’ll make an offer for settlement. To generate their first offer, they’ll enter all the information and details into an application on computers. They’ll most likely arrive at a figure that’s much lower than what you calculated based on your research. It’s important to remember that insurance companies have their own financial interest in mind when they decide on settlement offers.

They’ll wish to limit the amount they will have to pay for medical bills and other damages. You can fight back if you mention how your injuries will negatively affect your life in the near future. For instance, you could point to your mounting medical bills, your lost earning capacity and the physical and emotional suffering you’re going through.

Your lawyer or you prepare a demand form and present it to the insurance company. This letter should include all the evidence you have gathered including witnesses’ statements and photographs of your injuries. Additionally, you should create a list of the non-negotiables that will stop the insurance company from undervaluing your claim. When an agreement has been reached and the written settlement contract will reflect it. Negotiations are often a back and forth, however being patient can assist you in negotiating an equitable settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery, where both sides exchange information and evidence. Parties may request medical records and police reports, and witness statements. They will also send another interrogatories (written questions that must be answered under oath by the expiration of a specific time). Your attorney will also record the extent of physical, emotional, and psychological injuries you’ve suffered, and any other damages that may be sought out, such as the current and anticipated medical expenses or property damage, as well as lost wages.

Your lawyer will consult with other experts, including mechanics, medical professionals and engineers. They will help paint a an appealing image of the accident and the injuries you sustained for the jury.

Then, auto accident law firm baltimore will begin negotiations with insurance companies to try to settle your claim without a trial. If the insurance company does not provide you with a fair settlement or does not consider your injuries and other damages, your case is likely to be heard in court.

It is vital that victims file a suit as soon as they can, even though only a few cases get to the courtroom. Memory fades, witnesses disappear and evidence may be lost as time passes making it more difficult to make a strong case to get the maximum amount of compensation. You must also comply with the statute of limitations for your state which can vary from 1 to 6 years.