Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages can be substantial following an auto accident. An experienced lawyer can help you get the compensation you need.

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

Medical Records

Medical records are an important element in any auto accident lawsuit. They will help jurors or judges determine the impact of the accident on your life. This includes the financial, emotional physical, and emotional expenses. Medical records can also tell a story that insurance companies will have a hard time disputing.

You may only have a specific amount of time, depending on the laws of your state and the policies of your doctor to request medical records. You should consult your lawyer as soon following an accident as you can. The law safeguards your access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your attorney can see your medical records. Insurance companies are always looking for auto accident any sign that might suggest that your injuries aren't as severe as you think or have a pre-existing condition.

Your lawyer will utilize your medical records to draft a demand letter, which will contain evidence to support the damages you're seeking. It is crucial to ensure that your lawyer provides relevant medical records to the insurance company, because they could ask you to sign an authorization that allows them to access all of your medical records. This is not beneficial to your claim because it could reveal past injuries not related to this claim.

Police Reports

When a police officer responds to a call for help, such as an accident, he or she makes a police report. Although they aren't admissible in the courts of law (they are deemed to be hearsay) they can provide valuable information for attorneys when researching and preparing cases.

A police report gives an objective account of the incident from the witness' testimony and the officer's observations of the weather conditions, the drivers, and other elements. It is an important piece of evidence that could aid in winning an auto accident attorney accident lawsuit.

Typically you can request a copy of your police report from the local police department that was responsible for the investigation by calling their non-emergency number and providing the receipt or incident number to identify the report. You can also request copies of records through the website of the police department.

When your medical bills, property damage and lost wages are at an amount that is a certain amount, you'll have to start a lawsuit against the driver at fault. The police report can be a valuable tool during settlement negotiations, particularly in cases where you can show that the other driver was largely at fault based on the officer's observations. Many cases are settled without going to trial. It can take a while to go through the pre-trial steps and your case may not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all of the information they require from you, and the investigation into the accident is complete, they will offer an offer for settlement. In order to create their first offer, they will enter all the information and details into the computer program. They will most likely be able to come up with a figure that is much lower than the one you calculated based on your investigation. When insurance companies offer settlement offers, they've got their own financial interest in the back of their heads.

They'll want to limit the amount they'll need pay for your medical expenses and other damage. You can fight back by pointing out the many ways that your injuries will negatively impact your life in the near future. You can, for example you can highlight the mounting medical bills and your lost earnings potential, as well as the mental and physical suffering you're feeling.

Your lawyer or attorney will then prepare a demand letter and then present it to the insurer. The letter should contain all of the evidence that you've gathered, including witness statements and photos of your injuries. You should also create an outline of your non-negotiables to ensure you can prevent the insurance company from negotiating with you. If an agreement is reached the agreement will be recorded in an agreement to settle in writing. Negotiations are usually back and forth, but perseverance will help you achieve an equitable settlement.

Legal Advice

The next phase in the car lawsuit involving an accident is discovery, where both sides exchange information as well as evidence. The parties may request medical records, police reports and witness statements. The parties may also trade interrogatories which are written questions which must be answered under oath within a certain time. Additionally your lawyer will record the extent of your physical emotional and psychological injuries in addition to the other damages you might seek to compensate for such as current and anticipated future medical costs, property damage, and lost wages.

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

Your lawyer will then start negotiations with insurance companies in order to resolve your case without trial. However, if the insurance company offers a low settlement or fails to take your injuries and other damages into consideration, your case will likely go to trial.

Although few cases actually go to trial it is vital for the victims to start a lawsuit as quickly as is possible. With time, memories fade, witnesses pass away and evidence is lost and makes it harder to file a convincing claim to receive the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which can range from 1 to 6 years.