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Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages may be significant following an accident. A knowledgeable attorney can help you get the compensation you need.

The procedure is different from case to case but generally starts by filing a complaint. Then follows the discovery phase trial, and any appeals.

Medical Records

Medical records are an important component of any auto accident lawsuit. They will help the jury or judge determine the impact of the accident on your life. auto accident lawyer austin includes the financial, emotional, and physical costs. Medical records will also reveal the story that insurance companies will have a difficult time disputing.

Depending on your state’s laws and your doctor’s guidelines, you may have only a short amount of time to request medical documents from healthcare providers. It is recommended to consult with your lawyer as soon following an accident as you can. Health Information Portability and Accountability Act (HIPAA) HIPAA guarantees your right to access these documents. This doesn’t mean you or your lawyer are the only ones to look over your medical records. Insurance companies are often keen to find anything that might indicate that your injuries were not pre-existing or not so severe as you say.

Your lawyer will utilize the medical records that you supply to write the letter of demand that will include evidence to support the damages you’re seeking. Your lawyer should only give the relevant medical documents to your insurance company. They may request you to allow them to access your entire medical record. This is not in the best interest of your claim, as it could reveal past injuries not related to the claim.

Police Reports

Police reports are created each time a law enforcement officer responds to an emergency call and also car accidents. Although they are not admissible in the courts of law (they are deemed to be hearsay) they can provide valuable information to attorneys in the process of investigating and preparing cases.

A police report offers an independent account of the crash that is based on the witness’ testimony as well as the officer’s observations regarding the weather conditions, the drivers, and a variety of other factors. It’s an important piece of evidence that could help you win a lawsuit in a car accident.


You can usually request a copy of the records from the precinct responsible for the investigation. Call their non-emergency phone number and provide the receipt or incident number as proof of identification. The police department might also have a website on which you can request copies of your records online.

After your medical expenses, property damage and lost wages are at the amount of a certain amount, then you will need to file a lawsuit against the at-fault driver. The police report can be a valuable tool during settlement negotiations, especially when you can demonstrate that the other driver was largely at blame based on the officer’s observations. Many cases end up reaching an agreement without ever going to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until one year after you file it.

Insurance Company Negotiations

After the adjuster has all the information they require from you as well as your car accident investigation, he will make an offer for settlement. They will input all the information and facts into a software program to make their initial offer. Most likely, they’ll make a smaller amount than you anticipated based on your study. When insurance companies make settlement offers, they have their own financial interest in their minds.

They’ll want to limit the amount they’ll need to pay for your medical bills and other damages. You can fight back by pointing out the many ways that your injuries will affect your life in the coming years. For instance, you could refer to your rising medical bills, your diminished earning potential, and the physical and emotional suffering you’re going through.

Your lawyer or you will then prepare a demand letter and send it to the insurance company. It will contain all the evidence you have collected such as witness statements, photos of your injuries, and any documents supporting your losses. You’ll also prepare the list of your non-negotiables so you can prevent the insurance company from lowballing you. If an agreement is reached it will be documented in an agreement for settlement in writing. Negotiations can be a back and forth, however remaining patient will aid in achieving an equitable settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery, during which the parties exchange information and evidence. The parties may seek medical records, police reports, and witness statements. The parties will also exchange interrogatories which are written questions that must be answered on an oath within certain times. In addition, your attorney will document the extent of your physical emotional and mental injuries in addition to the other damages that you could seek to compensate for in the future, including current and future medical expenses, property damage and lost wages.

Your lawyer will also talk with experts, such as medical experts, mechanics and engineers. These experts can assist the jury get a clear picture of your accident and injuries.

Your lawyer will then start discussions with the insurance companies in order to resolve your case with no trial. If the insurance company provides you with a small settlement or does not take your injury and other damages into consideration the case could go to trial.

It is essential that victims file a suit as soon as they can, even though few cases will ever make it to the courtroom. With time memories fade, witnesses die and evidence is lost and makes it harder to present a compelling case for the most compensation. You must also comply with the statute of limitations in your state which can range from 1 to 6 years.