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Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages can be significant after an auto accident. A knowledgeable attorney can help you receive the compensation that you require.

The procedure varies from case to case but generally starts by filing a complaint. The discovery phase, trial, and appeals follow.

Medical Records

Medical records are an important element in any auto accident lawsuit. They will help jurors or judges comprehend how the accident affected your life, including the physical, emotional and financial burdens of your injuries. Medical records will also tell an account that insurance companies will have a difficult to argue.

You may only have a specific period of time, based on the laws in your state and the policy of your doctor, to request medical records. It is recommended to consult with your lawyer as soon after an accident as you can. The law safeguards your access to these records with the Health Information Portability and Accountability Act (HIPAA). However, auto accident law firm tempe doesn’t mean that only you or your lawyer will be able to see your medical records. Insurance companies will often try to look for anything that could indicate that your injuries were not pre-existing or not as severe as you claim.

Your lawyer will use your medical records to create a demand letter that will include evidence to support the damages you are seeking. Your lawyer must only provide the relevant medical documents to your insurance company. They might request you to allow them to access your entire medical record. This is not beneficial to your claim because it could reveal injuries from the past that are not related to the claim.

Police Reports

Each time a police officer responds to a request for help, including an accident, he or she creates a police report. Even though they’re not admissible in court (they are deemed to be hearsay) they can provide valuable information to attorneys investigating an accident and preparing a case.

A police report gives an objective account of the incident that is based on the witness testimony of the officer and his observations of the weather conditions, drivers, and other factors. It is an important evidence piece that can aid you in winning your lawsuit for car accidents 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 phone number and provide an original receipt or an incident number as identification. The police department might have a website on which you can request copies of records online.

If your medical bills or property damage, as well as lost wages are at the amount of a certain amount, then you’ll need to file a lawsuit against the at-fault driver. The police report can be an essential tool in settlement negotiations, especially when you can establish the other driver’s responsibility based on observations made by the officer. Many cases are settled without going to trial. The process of preparing for trial can be lengthy and your case might not be resolved until one year after filing it.

Insurance Company Negotiations

Once an adjuster has all of the information they require from you, and the car accident investigation They will then extend a settlement offer. They will input all the information and facts into a software program to create their initial offer. They’ll probably produce a number that’s much lower than what you calculated from your investigation. When insurance companies offer settlement offers, they have their own financial interest in the back of their heads.

They will wish to limit the amount they will have to pay for medical bills and other damages. You are able to fight back if you highlight the negative effects your injuries could have on you and impact your life in the future. For example, you can point to your mounting medical bills, your lost earning capacity and the emotional and physical suffering you’re going through.

Your attorney or you will then prepare an order letter and present it to an insurer. This will include all the evidence you’ve gathered such as witness statements, photographs of your injuries, and any documents supporting your losses. Additionally, you should create an inventory of non-negotiables in order to stop the insurance company from undervaluing your claim. When an agreement has been reached the written settlement agreement will reflect it. Negotiations are usually back and forth, but perseverance will help you achieve a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. Parties can request medical records, police reports, and witness statements. The parties may also exchange interrogatories which are written questions that must be answered on an oath within the time limit. In addition your attorney will provide documentation of the extent of your physical, emotional and psychological injuries in addition to the other damages you might be seeking to recover in the future, including current and future medical expenses, property damage and lost wages.

Your lawyer will speak with other experts like mechanics, medical professionals and engineers. These experts will help paint a vivid picture of the crash and the injuries you sustained for the jury.

Finally, your attorney will begin negotiations with insurance companies in order to attempt to settle your claim without a trial. However, if the insurance company provides you with a low settlement or fails to take your injuries and other damages into consideration your case is likely to progress to trial.

It is crucial that victims file a lawsuit immediately, even though few cases are heard in court. As time passes memories fade, witnesses pass away and evidence is lost and it becomes more difficult to present a compelling case for maximum compensation. It is also important to adhere to the statute of limitations for your state that can range from 1 to 6 year.