Phases of an Auto Accident Lawsuit

Car accident injuries can result in significant medical bills, property damage and lost wages. An experienced lawyer can assist you get the compensation you need.

The procedure varies 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 essential element in any auto accident attorney accident case. They will assist jurors or judges to understand the impact of the injury on your life. This includes the financial, emotional physical, and emotional costs. Insurance companies will have a hard time to refute the story portrayed by medical records.

You may only have a specific amount of time, depending on the laws in your state and the policies of your doctor to obtain medical records. This is the reason you should consult with a lawyer as soon as you can following an accident. The law safeguards your access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones who are able to access your medical records. Insurance companies are often keen to find anything that might 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, which will include evidence to support the damages you're seeking. It is important that your lawyer only provides relevant medical records to the insurance company as they may request you to sign an authorization that permits them to access all your medical records. This is not beneficial to your claim as it may reveal injuries from the past that are not related to this claim.

Reports of the Police

When a police officer responds to a request for help, which could include an accident, he creates a police report. Although they're not admissible in court (they are considered to be hearsay), they do provide invaluable information to attorneys investigating an accident and creating an argument.

A police report provides an objective assessment of what transpired in the crash, based upon witness testimony and observations by the officer about the vehicle's damage as well as weather conditions, drivers and more. It is a significant piece of evidence that can aid you in winning your lawsuit for car accidents against the defendant.

Usually, you can request a copy your police report from the police station that was responsible for the investigation by calling their non-emergency number and supplying a receipt or incident number to identify it. You can also request copies of records through the police department's website.

You will need to file a lawsuit against the driver at fault when your medical bills as well as lost wages and damages to property reach an amount. The police report can be a valuable tool during settlement negotiations, particularly if you can prove that the other driver was largely at fault based on the police officer's observations. Many cases end up reaching an agreement without going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until one year after you file it.

Insurance Company Negotiations

Once an adjuster has all the information they need from you and the investigation into the accident and investigation, they will make a settlement offer. To generate their first offer, they will enter all the information and details into an application on computers. They'll most likely be able to come up with a figure which is lower than what you calculated based on your research. When insurance companies offer settlement offers, they've got their own financial interest in their minds.

They'll want to limit how much they are required to pay for medical bills and other damages. You can fight back by pointing out all the ways that your injuries will negatively impact your life going forward. For instance, you could highlight your growing medical bills and the loss of earnings potential, as well as the mental and physical suffering you're feeling.

You or your lawyer will create a demand letter and auto accident send it to the insurance company. This letter should include all of the evidence that you've gathered such as witness statements and photos of your injuries. Additionally, you should create a list of non-negotiables to ensure that the insurance company is not undervaluing your claim. After an agreement has been reached and the written settlement contract will reflect it. It's normal for a back-andforth to occur during these negotiations, but staying in the moment will help you get 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, police reports, and witness statements. The parties may also exchange interrogatories that are written questions which have to be answered on the oath within a specified time. Additionally, your attorney will document the extent of your physical emotional and psychological traumas in addition to the other damages that you could seek compensation for such as current and anticipated future medical costs, property damage, and lost wages.

Your lawyer will speak with other experts, such as mechanics, medical experts and engineers. These experts will help paint a vivid picture of the crash and the extent of your injuries to the jury.

Your attorney will then begin discussions with insurance companies in order to settle your case without trial. If the insurance company offers a small settlement or fails to take your injuries and other damages into consideration your case is likely to progress to trial.

Although a small percentage of cases get to trial, it is important for victims to start a lawsuit as quickly as possible. Memory fades, witnesses disappear and evidence may be lost over time, making it harder to make a strong case for the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.