Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages may be substantial following an auto accident. A knowledgeable attorney can assist you in obtaining the financial justice you deserve.

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

Medical Records

Medical records are an important element in any auto accident lawsuit. They will aid the judge or jury to understand how the injury has had an impact on your life, including the physical, emotional and financial costs of your injuries. Insurance companies will be unable to argue with the information provided by medical records.

You might only have a particular amount of time, based on the laws of your state and the guidelines of your physician, to request medical records. It is recommended to consult with your lawyer as soon following an accident as possible. Health Information Portability and Accountability Act or HIPAA, protects your right to access these records. This does not mean you or your lawyer are the only ones who are able to examine your medical records. Insurance companies are often keen to discover anything that may suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will use your medical records to create a demand letter which will contain evidence to support the damages you're seeking. Your lawyer should only provide the relevant medical records to your insurance company. They might ask you to grant them permission to access your entire medical record. This is not in your best interest since it could expose past injuries that aren't connected to the present claim.

Reports of the Police

Every time a police official responds to a request for help, such as an accident, he or she makes a police report. Even though they aren't admissible in court (they are deemed to be hearsay), they do provide valuable information to attorneys investigating an incident and preparing a case.

A police report offers an objective account of the accident that is based on the witness' testimony and the officer's observations regarding the weather conditions, the drivers, and other aspects. It is a crucial piece of evidence that could aid you in winning an auto accident lawsuit.

Usually 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 line and supplying the receipt or incident number to identify the report. The police department might also have a website where you can request copies of records online.

You'll have to file a suit against the person who caused the accident after your medical expenses along with lost wages and property damage have reached an amount. The police report can prove to be a helpful tool in settlement negotiations, particularly if you can prove that the other driver was largely at fault, based on an officer's observations. Many cases are settled without going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until one year after filing it.

Insurance Company Negotiations

After the adjuster has all the information they require from you and your automobile accident investigation, they'll make an offer of settlement. To generate their first offer, they will enter all the information and details into an application on computers. They'll most likely arrive at a figure that's much lower than what you calculated from your research. 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 are able to fight back if you explain the negative effects your injuries could have on you and impact your life in the coming years. For instance, you could highlight your growing medical bills, your diminished earning potential, and the physical and emotional suffering that you're currently experiencing.

Your lawyer or you create a demand letter and submit it to the insurance company. It will contain all the evidence you have gathered and include witness statements, photos of your injuries, as well as evidence to support your losses. You should also make a list of non-negotiables to stop the insurance company from undervaluing your claim. When an agreement is reached and ratified, it will be included in an agreement to settle in writing. Negotiations are usually back and forth, however being patient can aid in achieving a fair settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery. During this process, the parties exchange information and evidence. The parties can request medical records, police reports, and witness statements. They may also send another interrogatories (written questions that must be completed under oath at the expiration of a specific time). Your lawyer will also record the severity of physical psychological, emotional, and physical traumas you've suffered as well as any other damages that could be sought, such as current and projected medical expenses as well as 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 the vivid picture of your crash and your injuries for the jury.

Your attorney will then start negotiations with the insurance companies in order to resolve your case without trial. If the insurance company doesn't provide you with a fair settlement or does not consider your injuries and other damages your case will likely be heard in court.

Although few cases actually go to trial, it is important for victims to file a lawsuit as soon as is possible. The memories fade, witnesses disappear, and evidence could be lost over time and it becomes difficult to establish a compelling case for maximum compensation. Furthermore, you have to comply with the statute of limitations in your state, which can vary from 1 to 6 years.