Phases of an Auto Accident Lawsuit

Car accident injuries can lead to significant medical bills, property damage and lost wages. An experienced attorney can assist you in receiving the compensation you deserve.

The process varies from case-to-case, but generally, it begins with filing a complaint. Then follows the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an important component of any auto accidents accident lawsuit. They can help jurors or judges determine how the accident has affected your life, as well as the emotional, physical and financial consequences of your injuries. Medical records will also provide an insurance company a story they will have a tough time disputing.

In accordance with the laws of your state and the policy of your doctor, you may have the time to request medical records from healthcare providers. Consult with your lawyer as soon following an accident as possible. The law provides access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your lawyer can examine your medical records. Insurance companies constantly look for evidence that might suggest your injuries might not be as severe as you think or have a pre-existing condition.

Your lawyer will utilize your medical records to prepare a demand letter which will contain evidence to justify the damages you're seeking. Your lawyer should only supply the relevant medical documents to your insurance company. They may require you to give them permission to access your complete medical record. This is not in the best interest of your claim since it could expose past injuries that are not relevant to this claim.

Police Reports

Every time a police official responds to a request for help, such as an accident, he creates a police report. 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 an argument.

A police report is an objective assessment of what transpired in the crash, based on witness statements and the officer's observations regarding the damage to the vehicles, weather conditions, drivers and more. It's an important piece of evidence that can aid you in winning an auto accident lawsuit.

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

After your medical bills, property damage and lost wages reach an amount you can afford, you will need to file a lawsuit against the at-fault driver. The police report can be an important tool in settlement negotiations, particularly when you can prove the other driver's responsibility through the observations of the officer. Many cases are settled without having to go to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until one year after you file it.

Insurance Company Negotiations

Once an adjuster has all the information they require from you and the car accident investigation is complete, they will offer an offer for settlement. To generate their first offer, they'll enter all the details and facts into an online program. They'll most likely come up with a number which is lower than what you calculated from your investigation. When insurance companies offer settlement offers, they've got their own financial interest in mind.

They'll want to limit how much they have to pay in medical bills and other damages. You can counter by highlighting the many ways that your injuries will affect your life in the future. For instance, you could point to your mounting medical bills, the loss of earning potential, and the physical and auto accident lawsuit emotional suffering you're suffering.

Your attorney or you will then prepare a letter of demand and then present it to an insurance company. It will contain all the evidence you have gathered and auto Accident lawsuit include statements from witnesses, photographs of your injuries and any documents supporting your losses. You'll also prepare an outline of your non-negotiables to ensure you can keep the insurance company from lowballing you. Once an agreement has been reached, the written settlement agreement will reflect it. It's normal for a back-andforth to occur during these negotiations, but remaining patient will help you achieve an equitable settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery, during which both parties exchange information and evidence. Parties may request medical documents, police reports or witness statements. They will also send another interrogatories (written questions that must be completed under oath at the end of the specified time). In addition, your attorney will document the extent of your physical emotional and mental injuries and any other damages you might seek to compensate for that are incurred, such as future medical expenses, property damage and lost wages.

Your lawyer will also talk with experts, such as medical experts, mechanics and engineers. These experts can assist the jury to get a clear picture of the injuries and accidents you sustained.

Your attorney will then begin negotiations with insurance companies in order to settle your case without a trial. If the insurance company is unable to provide you with a fair settlement or doesn't take into consideration your injuries and other damages your case will likely go to trial.

It is vital that victims file a lawsuit as soon as possible even though very few cases get to the courtroom. With time memories fade, witnesses pass away and evidence is lost and it becomes more difficult to present a compelling case for the most compensation. It is also important to adhere to your state's statute of limitations that can range from 1 to 6 years.