Write About Everything

Phases of an Auto Accident Lawsuit

Car crash injuries can lead to significant medical bills, property damage, and even lost wages. A knowledgeable attorney can assist you in receiving the justice you deserve.

The process is different from case to case, however, it generally begins with filing a complaint. Then comes the discovery phase along with any appeals.

Medical Records

Medical records are a vital element in any auto accident case. They will help the judge or jury to comprehend how the accident affected your life, including the emotional, physical and financial consequences of your injuries. Medical records can also tell the story that insurance companies will have a tough to dispute.

You may only have a certain amount of time, based on the laws in your state and the guidelines of your physician, to request medical records. It is recommended to consult with your lawyer as soon following an accident as is possible. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these records. auto accident attorneys hesperia doesn’t mean you or your lawyer are the only ones who are able to view your medical records. Insurance companies are generally keen to discover anything that may suggest that your injuries are pre-existing or not so severe as you say.

Your lawyer will use your medical records to draft a demand letter, which will contain evidence to justify the damages you are seeking. It is imperative that your lawyer only send relevant medical records to the insurance company, as they may ask you to sign an authorization that allows them to access all of your medical records. This is not in the best interest of your claim because it could reveal previous injuries that are not connected to the claim.

Reports of the Police


Police reports are generated each time a law enforcement officer responds to an emergency or accident, such as car accidents. Although they are not admissible in the courts of law (they are deemed to be hearsay), they provide valuable information for attorneys when conducting investigations and preparing cases.

A police report is an impartial account of the accident that is based on the witness testimony of the officer and his observations regarding the weather conditions, drivers, and other elements. It’s a crucial piece of evidence that could assist you in winning your car accident lawsuit against the defendant.

You can usually request a copy of the records from the precinct that was responsible for the investigation. Call their non-emergency phone number and provide a receipt or an incident number to prove your identity. The police department might also have a website where you can request copies of your records online.

After your medical bills and property damage as well as lost wages exceed the amount of a certain amount, then you’ll have to bring a lawsuit against the driver at fault. The police report can be an effective tool in settlement negotiations, particularly when you can prove that the other driver was largely at blame based on the officer’s observations. A lot of cases are settled without having to go 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

After the adjuster has all the information they require from you and your automobile accident investigation, they will make an offer of settlement. They will put all the information and facts into a program that will create their initial offer. They will most likely be able to come up with a figure that is much lower than the one you calculated from your study. When insurance companies make settlement offers, they’ve got their own financial interest in the back of their heads.

They’ll want to limit how much they pay in medical bills and other damages. You can counter by highlighting all the ways your injuries will affect your life going forward. For example, you can point to your mounting medical bills, your decreased earning capacity and the emotional and physical suffering that you’re currently experiencing.

Your attorney or you create the letter of demand and present it to an insurer. This will include all the evidence you have gathered including witness statements, photographs of your injuries as well as any documents that support your losses. Also, you will create a list of the non-negotiables that will prevent the insurance company from undervaluing your claim. After an agreement has been reached the settlement agreement written will reflect it. Negotiations often involve back and forth process, but staying patient will assist you in negotiating an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which the parties exchange information and evidence. Parties may request medical records, police reports, and witness statements. They will also send any additional interrogatories (written questions that must be answered under oath before the end of a specified time). Your lawyer will also record the severity of physical psychological, emotional, and physical injuries you’ve sustained, as well as any other damages that might be sought out, such as the current and anticipated medical expenses as well as property damage and lost wages.

Your lawyer will also talk with experts like medical specialists, mechanics and engineers. These experts will help paint a an accurate image of the accident and the injuries you sustained for the jury.

Finally, your attorney will begin negotiations with insurance companies in order to try to settle your claim without a trial. If the insurance company provides you with a low amount of money or does not take your injuries and other damages into account, your case will likely go to trial.

While a small number of cases do go to trial it is important for victims to begin a lawsuit as soon as they can. As time passes, memories fade, witnesses pass away and evidence is lost and it becomes more difficult to present a compelling case for the most compensation. Additionally, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.