Phases of an Auto Accident Lawsuit

Car crash injuries could result in significant medical bills along with property damage and lost wages. A knowledgeable attorney can help you get the compensation you need.

The process is different from case to case, but generally starts by filing an action. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are an essential component of any auto crash case. They will help the judge or auto accident lawsuit jury to know how the injury had an impact on your life, including the emotional, physical and financial cost of your injuries. Medical records will also reveal a story that insurance companies will have a difficult to dispute.

You may only have a certain amount of time, depending on the laws of your state and the policy of your doctor to request medical records. You should speak with your lawyer as soon after an accident as it is possible. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer can examine your medical records. Insurance companies are always looking for anything that could indicate that your injuries aren't the severity you claim or if you have pre-existing injuries.

Your lawyer will use your medical records to prepare a demand letter which will include evidence to justify the damages you are seeking. Your lawyer should only give the relevant medical records to your insurance company. They might ask you to grant them permission to access your entire medical record. This is not in the best interest of your claim since it could reveal past injuries not related to this claim.

Police Reports

Police reports are created each time a police officer responds to an emergency, including car accidents. Although they aren't admissible in the courts of law (they are considered to be hearsay) They are a valuable source of information for attorneys when researching and preparing cases.

A police report is an objective assessment of what happened during the crash, based on witness statements and the officer's observations regarding the damage to the vehicles as well as weather conditions, drivers and more. It's an important piece of evidence that could help you win an auto accident lawsuit.

Usually, you can request a copy of your police report from the precinct which handled the investigation by calling their non-emergency phone number and providing an invoice or incident number to identify it. You can also request copies of records through the police department's website.

You'll have to file a suit against the driver at fault when your medical bills or lost wages property damage have reached the amount of. The police report can be a useful tool in settlement negotiations, particularly if you can prove that the other driver was at fault based on the police officer's observations. However, many cases reach an agreement without going to trial. It could take a long time to work through the pre-trial process and your case could not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the details they require from you as well as the investigation of the car accident and investigation, they will make an offer for settlement. To generate their first offer, they'll input all the details and facts into the computer program. They will most likely produce a number that's much lower than what you calculated based on your research. It's important to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll want to reduce the amount they'll have to pay for your medical expenses and other damage. You are able to fight back if you mention how your injuries will negatively impact your life in the future. For example, you can point to your mounting medical bills, your decreased earnings capacity and the emotional and physical suffering you're going through.

Your attorney or you will then prepare an order letter and then present it to an insurance company. The letter should include all of the evidence that you've collected, including witness statements and photos of your injuries. You will also create a list of non-negotiables to stop the insurance company from undervaluing your claim. If an agreement is reached, it will be reflected in the form of a written settlement agreement. Negotiations are often a back and forth, however staying patient will ensure a fair settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery, where both sides exchange information and evidence. The parties can request medical records, police reports, and witness statements. The parties may also trade interrogatories which are written questions that must be answered on an oath within certain times. Your attorney will also record the extent of the physical psychological, emotional, and physical traumas you've suffered as well as any other damages that might be sought, including the current and anticipated medical expenses or property damage, as well as lost wages.

Your lawyer will also speak with experts such as medical professionals mechanics, engineers and mechanics. These experts will help paint an appealing picture of the crash and the injuries you sustained for the jury.

Then, your lawyer will begin discussions with insurance companies to attempt to settle your claim without a trial. If the insurance company fails to offer you a fair settlement, or does not take into account your injuries and other losses, your case is likely to be heard in court.

It is essential that victims file a suit as soon as they can, even though few cases are heard in court. Memory fades, witnesses disappear, and evidence could be lost as time passes and make it difficult to make a strong argument for the most compensation. You must also follow your state's statute of limitations that can range from 1 to 6 year.