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Phases of an Auto Accident Lawsuit

Car crash injuries can lead to significant medical bills, property damage and lost wages. An experienced lawyer can help you in getting the compensation you deserve.

The procedure varies from case to case but generally starts by filing an action. Then follows the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an important component of any auto accident lawsuit. They will help a jury or judge understand how the injury has 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.

You may only have a specific amount of time, contingent on the laws in your state and the policy of your doctor, to obtain medical records. This is why it is important to speak with your lawyer immediately after an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA is a law that protects your right to access these medical records. However, this does not mean that only you or your attorney can view your medical records. Insurance companies are always looking for anything that could indicate your injuries may not be as severe as you claim or that you have a pre-existing condition.


Your lawyer will make use of the medical records you provide to draft the letter of demand, which includes evidence to justify the damages you are seeking. Your lawyer should only supply the relevant medical records to your insurance company. They may request you to allow them to access your complete medical record. This is not in your best interests because it could reveal prior injuries that aren’t connected to the present claim.

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When a police officer responds to a call for assistance, or an accident, he or she creates a police report. Although they’re not admissible in court (they are considered hearsay) however, they provide invaluable information to attorneys investigating an accident and preparing an argument.

A police report offers an independent account of the crash that is based on the witness’ testimony and the officer’s observations of the weather conditions, drivers, and other elements. It is a crucial piece of evidence that could aid in winning a lawsuit in a car accident.

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 an original receipt or an incident number as identification. You can also request copies of records through the police department’s website.

You will need to file a suit against the driver who was at fault once your medical bills along with lost wages and damages to property reach an amount. The police report can be a useful tool in settlement negotiations, especially when you can prove that the other driver was at fault, based on an officer’s observations. A lot of cases are settled without having to go to trial. It could take a long time to go through the pre-trial steps and your case might not be resolved for a long time.

Insurance Company Negotiations

Once the adjuster has all the information he needs from you and your car accident investigation, they’ll make an offer for settlement. To make their first offer, they’ll input all the details and facts into a computer program. Most likely, they will make a less than the amount you calculated based on your investigation. When insurance companies make settlement offers, they’ve got their own financial interests in the back of their heads.

They’ll want to limit how much they pay in medical bills and other damages. You are able to fight back if you highlight how your injuries will impact your life in the future. For instance, you can point to your mounting medical bills, your lost earning capacity and the physical and emotional suffering you’re suffering.

Your attorney or you then draft an official demand letter and then present it to an insurance company. This should include all the evidence you have collected, including witness statements, photos of your injuries, and any documents that support your losses. You should also make an inventory of non-negotiables in order to ensure that the insurance company is not undervaluing your claim. Once an agreement is reached the agreement will be recorded in an agreement to settle in writing. Negotiations can be a back and forth, however perseverance will ensure a fair settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery, during which both sides exchange information as well as evidence. Parties may seek medical documents, police reports or witness statements. The parties may also exchange interrogatories which are written questions which have to be answered on the oath within a specified time. Additionally your attorney will provide documentation of the extent of your physical emotional and psychological injuries in addition to the other damages that you could be seeking to recover that are incurred, such as future medical costs, property damage, and lost wages.

Your lawyer will also confer with experts such as medical specialists as well as mechanics and engineers. These experts can help the jury get a clear picture of your injuries and accident.

Then, your lawyer will begin negotiations with insurance companies in order to attempt to settle your claim with out a trial. If the insurance company does not provide you with an acceptable settlement or does not take into account your injuries and other damages, your case is likely to be heard in court.

It is essential that victims file a lawsuit immediately, even if only a handful of cases make it to court. Memory fades, witnesses disappear, and evidence could be lost over time, making it harder to present a convincing case to get the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which can be anywhere from one to six years.