Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages may be substantial following an accident in the car. An experienced lawyer can help you receive the compensation that you need.

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

Medical Records

Medical records are an important element of any auto accident lawsuit. They will help the judge or jury to understand how the injury has affected your life, as well as the emotional, physical and financial cost of your injuries. Medical records will also provide the story that insurance companies will have a difficult time disputing.

You may only have a certain amount of time, depending on the laws in your state and the policy of your doctor, to request medical records. It is recommended to consult with your lawyer as soon after an accident as it is possible. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these medical records. But, this doesn't mean that only you or your lawyer are able to access your medical records. Insurance companies are generally keen to look for anything that could suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will use the medical records that you supply to write the letter of demand, which will include evidence in support of the damages you seek. It is important that your lawyer only provides relevant medical records to the insurance company as they may request you to sign a medical authorization that permits them to access all of your medical records. This is not in the best interest of your claim as it may reveal injuries from the past that are not related to this claim.

Police Reports

Every time a police officer responds to a call for help, such as an accident, he makes a police report. Although they're not admissible in court (they are considered to be hearsay), they do provide important information to attorneys when investigating an incident and preparing the case.

A police report is an objective account of the accident which is based on the witnesses testimony of the officer and his observations of the weather conditions, Auto Accident lawsuit the drivers, and other elements. It is an important piece of evidence which can assist you in winning an auto accident lawsuit.

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

You'll need to file a suit against the driver at fault once your medical bills as well as lost wages and Auto Accident lawsuit property damage exceed an amount. The police report can be an essential tool in settlement negotiations, especially if you can prove the other driver's negligence in the light of observations made by the officer. In many cases, however, the parties reach an agreement without ever going to trial. It could take a long time to work through the pre-trial steps and your case may not be resolved for a year or more.

Insurance Company Negotiations

Once the adjuster has all the details they require from you and your car accident investigation, he'll make an offer of settlement. They will then input all the information and facts into a computer program to create their initial offer. They'll most likely come up with a number that is much lower than the one you calculated from your investigation. When insurance companies offer settlement offers, they have their own financial interest in their minds.

They'll want to reduce the amount they have to pay for your medical bills and other damages. You can fight back if you highlight how your injuries will negatively affect your life in future. For instance, you can highlight your growing medical bills and the loss of earning potential, as in the mental and physical suffering you are experiencing.

Your lawyer or you will prepare a demand form and present it to the insurer. This will include all the evidence you've gathered including witness statements, photos of your injuries, as well as documents supporting your losses. You should also make a list of non-negotiables to stop the insurance company from undervaluing your claim. Once you have reached an agreement and ratified, it will be included in a written settlement agreement. Negotiations can be a back and forth process, but perseverance will assist you in negotiating an equitable settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery, during which both sides exchange information as well as evidence. Parties may request medical records, police reports as well as witness statements. The parties may also exchange interrogatories that are written questions that must be answered on oath within a certain time. In addition, your attorney will document the extent of your physical emotional and psychological traumas as well as the other damages you could seek to compensate for such as current and anticipated future medical expenses, property damage and lost wages.

Your lawyer will confer with other experts, such as mechanics, medical professionals, and engineers. These experts can help the jury to get a clear picture of your injuries and accident.

Your attorney will then start negotiations with insurance companies to resolve your case with no trial. If the insurance company offers an unsatisfactory settlement or does not take your injury and other damages into account the case could go to trial.

Although a small percentage of cases go to trial, it is vital for the victims to start a lawsuit as quickly as they can. With time memories fade, witnesses pass away, and evidence disappears and it becomes more difficult to present a compelling case for the most compensation. You must also adhere to the statute of limitations for your state which can vary from 1 to 6 year.