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Phases of an Auto Accident Lawsuit

Car crash injuries could result in significant medical bills along with property damage and lost wages. An experienced attorney can help to get the compensation you require.


The procedure can differ from case to case but usually begins with the filing of the complaint. Then comes the discovery phase, trial and any appeals.

Medical Records

Medical records are an important element of any auto accident lawsuit. They will help the jury or judge know the effects of the accident on your life. This includes the financial, emotional physical and emotional costs. Medical records can also tell the story that insurance companies will have a hard to argue.

According to the laws of your state and your doctor’s policy, you may have the time to request medical records from healthcare providers. This is why you should contact your lawyer immediately following an accident. The law protects 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 look over your medical records. Insurance companies are always looking for any sign that could indicate that your injuries aren’t the severity you claim or pre-existing.

Your lawyer will utilize the medical records you provide to create the letter of demand, which includes evidence to justify the damages you’re seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They might require you to give them permission to access your entire medical record. This is not in the best interest of your claim since it could reveal previous injuries that are not connected to this claim.

Reports of the Police

Every time a police official responds to a call for help, such as an accident, he or she creates a police report. Although they are not admissible in a court of law (they are deemed to be hearsay), they provide valuable information to attorneys when they are investigating and preparing their cases.

A police report is an objective view of what transpired in the accident, based on witnesses’ statements and the officer’s observations about the vehicles’ damage and weather conditions, drivers and more. It’s a vital evidence that can aid in winning a lawsuit in a car accident.

Typically, you can request a copy of your police report from the precinct that was responsible for the investigation by calling their non-emergency number and providing an invoice or incident number to identify the report. You can also request copies of police reports on the police department’s website.

You’ll need to file a suit against the driver responsible when your medical bills or lost wages property damage exceed the amount of. The police report can be a useful tool in settlement negotiations, especially if you can prove that the other driver was at fault, based on an officer’s observations. However, many cases reach an agreement without going to trial. It can take time to complete the pre-trial procedures and your case may not be resolved for a long time.

Insurance Company Negotiations

Once the adjuster has all the information they require from you and your automobile accident investigation, they’ll make an offer of settlement. To generate their first offer, they’ll enter all the information and details into a computer program. They’ll most likely arrive at a figure that is much lower than the one you calculated 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 will be looking to reduce the amount they are required to pay for medical bills and other damages. You can fight back if you explain how your injuries will negatively impact your life in the coming years. For example, you can highlight your growing medical bills, the loss of earning capacity and the emotional and physical suffering you’re experiencing.

Your attorney or you will then prepare the letter of demand and then present it to an insurance company. This letter will include all of the evidence that you’ve gathered such as witnesses’ statements and photographs of your injuries. Also, you’ll make an outline of your non-negotiables, so you can keep the insurance company from lowballing you. Once an agreement is reached it will be documented in a written settlement agreement. It’s not uncommon for back-and-forth to take place during these negotiations, but remaining in the moment will help you get an acceptable settlement.

Legal Advice

The next stage in the car lawsuit involving an accident is discovery, in which both sides exchange information as well as evidence. Parties can request medical records, police reports, as well as witness statements. The parties may also trade interrogatories which are written questions that must be answered on oath within a certain time. In addition the attorney will also document the extent of your physical emotional and psychological traumas and any other damages you may seek compensation for, including existing and projected future medical expenses, property damage and lost wages.

Your lawyer will consult with other experts, like mechanics, medical professionals, and engineers. These experts will help paint a the vivid image of the accident and your injuries for the jury.

Your attorney will then begin discussions with the insurance companies to resolve your case with no trial. However, if auto accident attorneys hemet offers a low settlement or fails to take your injuries and other damages into consideration, your case will likely proceed to trial.

While only a few cases go to trial it is important for victims to start a lawsuit as quickly as they can. Memory fades, witnesses disappear and evidence may be lost as time passes and make it difficult to make a strong argument for the most compensation. Plus, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.