Phases of an Auto Accident Lawsuit

Injuries from car crashes can lead to significant medical bills, property damage and lost wages. An experienced attorney can help you get the compensation you require.

The process can vary depending on the case, but generally, it starts with the filing of a complaint. This is followed by the discovery phase, trial and any appeals.

Medical Records

Medical records are an important element of any auto accident lawsuit. They will help the judge or jury know how the injury 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 hard to argue.

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. This is the reason you should contact your lawyer as soon as you can after an accident. The law protects your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer can see your medical records. Insurance companies are always looking for evidence that might suggest your injuries might not be as severe as you claim or have a pre-existing condition.

Your lawyer will use your medical records in order to prepare a demand letter that will include evidence to justify the damages you seek. It is important that your lawyer only provides relevant medical records to the insurance company, because they could ask you to sign a medical authorization that allows them to access all of your medical records. This is not in the best interest of your claim, as it could reveal injuries from the past that are not related to the claim.

Reports of Police

Police reports are prepared each time a law enforcement officer responds to an emergency or accident, such as car accidents. While they're not admissible in court (they are deemed to be hearsay) they can provide valuable information to attorneys conducting an investigation and preparing an argument.

A police report is an objective view of what happened during the crash, based upon witness testimony and observations by the officer about the vehicles' damage, weather conditions, drivers, and so on. It is an important piece of evidence that could assist you in winning an auto accidents accident lawsuit.

You can usually request a copy from the precinct that was responsible for the investigation. Call their non-emergency line and provide an invoice or an incident number for identification. The police department may have a website on which you can request copies online.

If your medical bills as well as property damage and lost wages exceed an amount that is a certain amount, you'll have to start a lawsuit against the at-fault driver. The police report can be a valuable tool in settlement negotiations, especially when you can demonstrate that the other driver was largely at blame based on the officer's observations. However, many cases reach an agreement without going to trial. It may take some time to complete the pre-trial steps and your case might not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the data they require from you as well as the investigation of the car accident and investigation, they will make a settlement offer. To make their first offer, they will enter all the information and details into the computer program. Most likely, they'll make a smaller amount than you anticipated from your investigation. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They'll be looking to reduce the amount they are required to pay for medical bills and other damages. You can fight back by pointing out the many ways that your injuries could affect your life in the future. You can, for example you can highlight the mounting medical bills, your diminished earning potential, as in the mental and physical suffering you're feeling.

Your attorney or you then prepare a letter of demand and present it to an insurance company. This will include all the evidence you've collected such as statements from witnesses, photographs of your injuries, as well as documents supporting your losses. Also, you will create a list of non-negotiables to keep the insurance company from undervaluing your claim. After an agreement has been reached the written settlement agreement will reflect it. It's common for a back-and-forth to take place during these negotiations, but being in the moment will help you get an acceptable settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. Parties can seek medical records, police reports and witness statements. The parties may also exchange interrogatories that are written questions which must be answered under an oath within the time limit. Your attorney will also document the severity of physical emotional, psychological, and Auto Accident Lawsuit physical injuries you have suffered, as well as any other damages that could be sought, such as future and current medical expenses as well as property damage and lost wages.

Your lawyer will also consult with experts such as medical specialists mechanics, engineers, and mechanics. They will help paint a the vivid image of the accident and the injuries you sustained for the jury.

Your lawyer will begin negotiations with insurance companies to try to settle your claim without trial. If the insurance company does not offer a fair settlement, or does not consider your injuries and other damages, your case will likely be heard in court.

It is crucial that victims file a lawsuit immediately, even though few cases get to court. As time passes memories fade, Auto Accident lawsuit witnesses pass away and evidence is lost and makes it harder to file a convincing claim for the highest amount of compensation. Plus, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.