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Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages can be significant following an accident in the car. An experienced lawyer can assist you in obtaining the amount you are due.

The process may differ depending on the case, but generally it starts with the filing of an action. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an essential component of any auto accident lawsuit. They can help the judge or jury to determine how the accident has affected your life, including the physical, emotional and financial burdens of your injuries. Medical records can also tell a story that insurance companies will have a difficult time disputing.

You might only have a limited amount of time, depending on the laws in your state and the policy of your doctor, to request medical records. You should speak with your lawyer as soon following an accident as you can. Health Information Portability and Accountability Act (HIPAA) HIPAA ensures that you have the right to access these documents. However, this doesn’t mean that you or your lawyer are the only ones able to view your medical records. auto accident lawsuit ontario are usually keen to look for anything that could suggest that your injuries were pre-existing or not as severe as you claim.

Your lawyer will use your medical records to draft a demand letter, that will include evidence to justify the damages you are seeking. It is essential to ensure that your lawyer provides relevant medical documents to the insurance company as they may ask you to sign a medical authorization that allows them to access all of your medical records. This is not the best option for your claim as it may reveal previous injuries that are not connected to the claim.


Police Reports

Police reports are produced each time a police officer responds to an emergency call for example, car accidents. Although they are not admissible in the courts of law (they are deemed to be hearsay), they provide valuable information to attorneys in the process of researching and preparing cases.

A police report is an objective assessment of what transpired in the crash, based upon witness statements and observations regarding the damage to the vehicles the weather, the drivers and more. It’s an important evidence piece that can aid you in winning your lawsuit for car accidents against the defendant.

Usually you can request a copy of your police report from the local police department that handled the investigation by calling their emergency number and supplying an invoice or incident number to identify the report. The police department might have a website where you can request copies of the records online.

When your medical bills, property damage and lost wages reach an amount you can afford, you will need to make a claim against the driver at fault. The police report is an important tool in settlement negotiations, particularly in cases where you can prove other driver’s guilt from the evidence provided by the officer. Many cases end up reaching settlements without ever 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 the data they need from you and the investigation of the car accident and investigation, they will make an offer of settlement. To generate their first offer, they’ll enter all the details and facts into a computer program. They’ll probably arrive at a figure which is significantly lower than the number you calculated based on your investigation. It’s important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They’ll wish to limit the amount they pay in medical bills and other damages. You can fight back by highlighting the many ways that your injuries will negatively impact your life going forward. For instance, you can highlight your growing medical bills and lost earning potential, as well in the mental and physical pain you’re experiencing.

Your attorney or you will then prepare 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 evidence to support your losses. Also, you’ll make an inventory of your non-negotiables so you can deter the insurance company from negotiating with you. If an agreement is reached and ratified, it will be included in a written settlement agreement. Negotiations often involve back and forth, however staying patient will aid in achieving an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. Parties can request medical records, police reports as well as witness statements. They may also send the other interrogatories (written questions that must be answered under oath by the expiration of a specific time). Additionally your attorney will provide documentation of the extent of your physical emotional and psychological traumas in addition to the other damages you could be seeking to recover that are incurred, such as future medical costs, property damage, and lost wages.

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

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

While a small number of cases do go to trial it is important for victims to make a claim as soon as they can. Memories fade, witnesses disappear and evidence may be lost as time passes making it more difficult to make a strong case to get the maximum amount of compensation. You must also follow the statute of limitations for your state that can range between 1 and 6 years.