Phases of an Auto Accident Lawsuit

Injuries from car crashes can lead to significant medical bills, property damage, and even lost wages. An experienced lawyer can help to get the compensation you require.

The procedure is different from case to case, but generally starts by filing an action. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an important element of any auto accident lawyer accident lawsuit. They will assist jurors or judges determine how the accident has affected your life, as well as the emotional, physical and financial cost of your injuries. Medical records will also tell an account that insurance companies will have a tough time disputing.

You may only have a certain period of time, based on the laws in your state and the policy of your doctor, to request medical records. This is why you should discuss your legal needs whenever you can following an accident. Health Information Portability and Accountability Act, or HIPAA, protects your right to access these records. However, this does not mean that you or your lawyer are the only ones able to examine your medical records. Insurance companies will often try to uncover anything that could suggest your injuries were pre-existing or not as severe as you claim.

Your lawyer will make use of your medical records to draft a demand letter, that will include evidence to justify the damages you're seeking. Your lawyer should only supply the relevant medical documents to your insurance company. They might ask you to authorize them to access your complete medical record. This is not in your best interests because it could reveal prior injuries that aren't related to the current claim.

Reports of the Police

Police reports are prepared each time a police officer responds to an emergency or accident, such as car accidents. While they're not admissible in court (they are deemed to be hearsay), they do provide important information to attorneys when conducting an investigation and preparing a case.

A police report is an objective account of what happened in the crash, based upon witness statements and observations about the vehicles' damage as well as weather conditions, drivers, and so on. It's a vital piece of evidence that could help you win an auto accident lawsuit.

Usually you can request a copy of your police report from the police station that was responsible for the investigation by calling their non-emergency number and supplying the receipt or incident number to identify it. The police department may also have a website on which you can request copies of your records online.

When your medical bills, property damage and lost wages reach the amount of a certain amount, then you will need to start a lawsuit against the driver who is at fault. The police report can be a valuable tool in settlement negotiations, especially when you can prove the other driver's guilt through the observations of the officer. Many cases are settled without having to go to trial. It could take a long time to go through the steps before trial and your case could not be resolved for a year or more.

Insurance Company Negotiations

When the adjuster has all of the information they require from you and your car accident investigation, they'll make an offer to settle. They will input all the facts and details into a software program to make their initial offer. Most likely, they will produce a significantly smaller amount than you anticipated in your study. It's important to remember that insurance companies have their own financial interest in mind when they decide on settlement offers.

They'll want to reduce the amount they'll need to pay for medical expenses and other damages. You can fight back when you explain the way your injuries will affect your life in the near future. For instance, you can point to your mounting medical bills, your diminished earning capacity and the physical and emotional suffering you're suffering.

Your attorney or you then prepare an order letter and present it to an insurer. This letter will include all of the evidence that you've gathered such as witnesses' statements and photographs of your injuries. You should also create an outline of your non-negotiables to ensure you can prevent the insurance company from lowballing you. After an agreement has been reached the settlement agreement written will reflect it. It's normal for a back-andforth to take place during these negotiations, but being calm will allow you to reach a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which the parties exchange information and evidence. Parties may request medical records and police reports and witness statements. The parties may also trade interrogatories which are written questions which have to be answered on oath within a certain time. Additionally the attorney will also document the extent of your physical emotional and psychological traumas and the additional damages that you could be seeking to recover, including existing and projected future medical costs, property damage, and lost wages.

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

Your lawyer will then begin discussions with the insurance companies in order to resolve your case without trial. If the insurance company does not offer a fair settlement, or does not consider your injuries and other damages, your case will likely go to trial.

Although a small percentage of cases go to trial, it is crucial for victims to begin a lawsuit as soon as they can. Memories fade, witnesses can disappear, and evidence could be lost over time and it becomes difficult to build a strong case for the maximum amount of compensation. In addition, you must abide with the statute of limitations in your state, which could be anywhere from one to six years.