Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages can be significant following an auto accident. An experienced lawyer can assist you receive the compensation you need.

The process can vary from case-to-case, but generally, it begins with the filing of an action. Then follows the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an important component of any auto accident lawsuit. They will help jurors or judges to determine the impact of the injury on your life. This includes the financial, emotional physical, and emotional costs. Insurance companies will be unable to argue with the information provided by medical records.

You might only have a limited amount of time, contingent on the laws in your state and the policy of your doctor to request medical records. You should speak with your lawyer as soon after an accident as possible. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these medical records. However, this doesn't mean that only you or your attorney can view your medical records. Insurance companies will often try to look for anything that could suggest that your injuries were pre-existing or not as severe as you claim.

Your lawyer will use the medical information you provide to prepare a letter of demand that will include evidence in support of the damages you seek. Your lawyer should only give the relevant medical records to your insurance company. They may require you to give them permission to access your complete medical record. This is not in your best interests since it could reveal previous injuries that are not related to the current claim.

Reports of Police

Police reports are created every time a law enforcement officer responds to an emergency call for example, car accidents. Although they are not admissible in a court of law (they are deemed to be hearsay) They are a valuable source of information to attorneys when they are investigating and preparing their cases.

A police report provides an impartial account of the accident that is based on the witness' testimony as well as the officer's observations of the weather conditions, drivers, and other elements. It is an important piece of evidence that can assist you in winning an auto accident lawsuit.

You can typically request a copy of the records from the precinct who handled the investigation. Call their non-emergency line and provide a receipt or an incident number for identification. You can request copies of the report on the police department's website.

After your medical expenses as well as property damage and auto accident lost wages exceed an amount you can afford, you'll have to start a lawsuit against the driver who is at fault. The police report is an important tool in settlement negotiations, especially in cases where you can prove other driver's fault through the observations of the officer. But, many cases settle a settlement without ever going to trial. It could take a long time to complete the pre-trial process and your case may not be resolved for a year or more.

Insurance Company Negotiations

After the adjuster has all of the details they require from you as well as your car accident investigation, he'll make an offer to settle. They will enter all the facts and details into a program that will generate their initial offer. They'll likely be able to come up with a figure that is much lower than the one you calculated from your study. 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 bills and other damage. You can fight back if you mention how your injuries will impact your life in the coming years. For instance, you can highlight your growing medical bills, your decreased earnings capacity and the emotional and physical suffering you're suffering.

Your lawyer or attorney will then draft a demand letter and then present it to the insurance company. This letter will include all the evidence you've gathered such as 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. Once an agreement is reached and the written settlement contract will reflect it. It's normal for a back-andforth to occur during these negotiations, but remaining calm will allow you to reach an acceptable settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. 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 the oath within a specified time. Your attorney will also write down the extent of physical mental, emotional, or psychological injuries you have suffered, as well as any other damages which could be sought out, such as the current and anticipated medical expenses as well as property damage and lost wages.

Your lawyer will consult with other experts like mechanics, medical specialists and engineers. They will help paint a a vivid image of your crash and the injuries you sustained for the jury.

Your lawyer will then start discussions with the insurance companies to resolve your case without trial. If the insurance company offers you a low amount of money or does not take your injury and other damages into consideration the case will proceed to trial.

It is essential that victims file a lawsuit as soon as possible, even though few cases get to court. The memories fade, witnesses pass away, and evidence can be lost as time passes and make it difficult to make a strong case to get the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.