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Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in significant medical bills as well as property damage and loss of wages. A knowledgeable attorney can assist you in obtaining the financial justice you deserve.

The process is different depending on the case, however, generally it starts with filing a complaint. Then comes the discovery phase along with any appeals.

Medical Records

Medical records are an important element in any auto accident lawsuit. They can assist a judge or jury comprehend the impact of the injury on your life. This includes the emotional, financial physical and emotional costs. Medical records will also reveal an insurance company a story they will have a tough to dispute.

Based on the laws of your state and your doctor’s policy In some states, you’ll have the time to request medical documents from healthcare providers. This is why it is important to discuss your legal needs as soon as you can after an accident. Health Information Portability and Accountability Act, or HIPAA is a law that protects 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 are always looking for anything that could suggest that your injuries aren’t as serious as you claim or have a pre-existing condition.

Your lawyer will utilize your medical records to draft a demand letter, which will include evidence to justify the damages you’re seeking. It is crucial that your lawyer only send relevant medical records to the insurance company, since they might ask you to sign an authorization that permits them to access all of your medical records. This is not in your best interests because it could reveal prior injuries that aren’t directly related to the present claim.

Reports of Police

Police reports are created every time a law enforcement officer responds to an emergency call, including car accidents. Although they aren’t admissible in the courts of law (they are considered to be hearsay) they can provide valuable information to attorneys in the process of investigating and preparing their cases.

A police report gives an impartial account of the accident which is based on the witnesses testimony of the officer and his observations of the weather conditions, the drivers, and other elements. It’s a vital piece of evidence which can help you win a car accident lawsuit.

Typically, you can request a copy of your police report from the precinct which handled the investigation by calling their emergency number and providing an incident or receipt to identify it. You can request copies of your police report through the police department’s website.

You will need to file a suit against the driver responsible once your medical bills as well as lost wages and property damage reach a certain value. The police report can be an effective tool in settlement negotiations, particularly when you can prove that the other driver was at fault, based on an officer’s observations. Many cases end up reaching a settlement without ever going to trial. It may take some time to go through the pre-trial process and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the information they require from you, and the investigation into the car accident and investigation, they will make an offer of settlement. To make their first offer, they will enter all the information and details into an application on computers. Most likely, they’ll produce a significantly smaller number than what you estimated from your research. It’s important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They’ll want to reduce the amount they have to pay for medical expenses and other damages. auto accident law firm lawton are able to fight back if you explain how your injuries will impact your life in the coming years. For example, you can point to your mounting medical bills, your lost earning capacity and the physical and emotional suffering that you’re currently experiencing.

Your attorney or you prepare the letter of demand and submit it to an insurer. It will contain all the evidence you’ve collected including witness statements, photographs of your injuries, and any documentation supporting your losses. Additionally, you should create a list of the non-negotiables that will ensure that the insurance company is not undervaluing your claim. Once an agreement is reached and ratified, it will be included in a written settlement agreement. Negotiations can be a back and forth, however remaining patient will ensure a fair settlement.

Legal Advice

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

Your lawyer will also confer with experts, such as medical experts mechanics, engineers, and mechanics. They will help paint a an accurate image of the accident and the injuries you sustained for the jury.

Your lawyer will then start negotiations with the insurance companies in order to settle your case without trial. If the insurance company fails to offer you an equitable settlement or doesn’t take into consideration your injuries and other damages your case will likely be heard in court.


Although few cases actually go to trial it is vital for the victims to file a lawsuit as soon as is possible. Memories fade, witnesses pass away, and evidence can be lost over time and make it difficult to build a strong argument for the most compensation. Furthermore, you have to comply with the statute of limitations in your state, which could vary from 1 to 6 years.