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Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in significant medical bills along with property damage and lost wages. An experienced lawyer can help you receive the compensation that you require.

The process is different depending on the case, but generally starts by filing a complaint. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are an important part of any auto accident lawsuit. They will help the judge or jury to determine how the accident has impacted your life, including the emotional, physical and financial consequences of your injuries. Medical records will also tell a story that insurance companies will have a tough to argue.

Based on the laws of your state and the policy of your doctor You may be granted only a short amount of time to request medical records from healthcare providers. This is the reason why you should contact your lawyer as soon as possible following an accident. Health Information Portability and Accountability Act or HIPAA guarantees your right to access these medical records. However, this doesn’t mean that only you or your lawyer can see your medical records. Insurance companies constantly look for evidence that could indicate your injuries may not be the severity you claim or if you have pre-existing injuries.

Your lawyer will use the medical records you provide to create an order letter that includes evidence to justify the damages you are seeking. Your lawyer should only supply the relevant medical documents to your insurance company. They may ask you to authorize them to access your entire medical record. This is not the best option for your claim because it could expose past injuries that are not relevant to this claim.

Police Reports

Police reports are prepared every time a law enforcement officer responds to an emergency call and also car accidents. While they cannot be used in a court of law (they are deemed to be hearsay) they are valuable information to attorneys in the process of investigating and preparing their cases.


A police report offers an objective account of the incident that is based on the witness’ testimony as well as the officer’s observations of the weather conditions, drivers, and a variety of other factors. It’s a vital piece of evidence that could assist you in winning a car accident lawsuit.

auto accident lawyer irving can typically request a copy from the precinct responsible for the investigation. Contact their non-emergency number and provide the receipt or incident number for identification. The police department might also have a website on which you can request copies online.

After your medical expenses or property damage, as well as lost wages are at a certain amount, you will need to make a claim 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 blame based on the officer’s observations. Many cases are settled without going to trial. It can take a while to complete the pre-trial process and your case might not be resolved for a long time.

Insurance Company Negotiations

Once the adjuster has all the information they require from you and your car accident investigation, he will make an offer of settlement. They will input all the information and facts into a computer program to make their initial offer. They’ll most likely be able to come up with a figure that is much lower than the one you calculated based on your research. When insurance companies make settlement offers, they have their own financial interest in mind.

They’ll wish to limit the amount they are required to pay for medical bills and other damages. You can fight back if you highlight the way your injuries will affect your life in the near future. For instance, you can refer to your rising medical bills, your decreased earning potential, and the emotional and physical pain you’re experiencing.

Your lawyer or attorney will prepare a demand form and present it to the 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 stop the insurance company from lowballing you. Once you have reached an agreement the agreement will be recorded in the form of a written settlement agreement. It’s not uncommon for back-and-forth to take place during these negotiations, but remaining patient will help you reach an equitable settlement.

Legal Advice

The next stage in the car lawsuit involving an accident is discovery, where the parties exchange information and evidence. Parties may require medical records or police reports and witness statements. The parties may also trade interrogatories that are written questions that have to be answered under an oath within certain times. Your attorney will also document the severity of physical mental, emotional, or psychological injuries you’ve sustained, and any other damages which could be sought out, such as the amount of medical expenses you are currently and in the future along with property damage, lost wages.

Your lawyer will also consult with experts such as medical professionals as well as mechanics and engineers. These experts can assist the jury get clear information about your injuries and the accident.

Finally, your attorney will begin discussions with insurance companies to try to settle your claim with out a trial. However, if the insurance company is willing to offer you an unsatisfactory settlement or does not take your injury and other damages into consideration the case could go to trial.

Although a small percentage of cases go to trial, it is essential for victims to begin a lawsuit as soon as possible. Memory fades, witnesses disappear and evidence may be lost over time, making it harder to make a strong case to get the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which could be anywhere from one to six years.