Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in substantial medical bills as well as property damage and loss of wages. An experienced lawyer can assist you in obtaining the amount of compensation you deserve.

The procedure can differ from case to case but usually begins with the filing of an action. The discovery phase, trial, and appeals follow.

Medical Records

Medical records are an essential part of any auto accident lawsuit. They will aid 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 reveal a story that insurance companies will have a difficult to dispute.

Depending on your state's laws and the policies of your doctor You may be granted limited time to request medical records from healthcare providers. This is why you should discuss your legal needs immediately following an accident. The law protects your access to these records by implementing 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 will often try to find anything that might indicate that your injuries were not pre-existing or not as severe as you claim.

Your lawyer will use your medical records to prepare a demand letter that will include evidence to justify the damages you seek. It is important that your lawyer only send relevant medical documents 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 your best interests since it could expose past injuries that aren't related to the present claim.

Reports of Police

When a police officer responds to a call for help, such as an accident, he or she makes a police report. Although they are not admissible in the courts of law (they are deemed to be hearsay) they are valuable information for attorneys who are conducting investigations and preparing cases.

A police report is an objective account of the accident that is based on the witness' testimony and the officer's observations regarding the weather conditions, drivers, and a variety of other factors. It's a vital piece of evidence which can assist you in winning an auto accident lawsuit.

Typically, you can request a copy your police report from the precinct that handled the investigation by calling their non-emergency number and supplying an invoice or incident number to identify the report. You can request copies of the report through the police department's website.

After your medical bills as well as property damage and lost wages exceed an amount you can afford, you will need to bring a lawsuit against the driver who is at fault. The police report can be a useful 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 end up reaching an agreement without ever going to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until a year after filing it.

Insurance Company Negotiations

Once an adjuster has all the data they require from you as well as the investigation into the accident and investigation, they will make an offer of settlement. They will enter all the information and facts into a computer program in order to make their initial offer. Most likely, they will arrive at a lower number than you calculated from your investigation. When insurance companies make settlement offers, they have their own financial interest in mind.

They'll want to reduce the amount they'll have to pay for your medical bills and other damages. You can fight back by highlighting the ways in which your injuries could affect your life going forward. For example, you can refer to your rising medical bills, your lost earning capacity and the emotional and physical suffering you're going through.

Your attorney or you then draft a letter of demand and then present it to an insurance company. This letter should include all of the evidence that you've gathered such as witness statements and photos of your injuries. Also, you will create a list of the non-negotiables that will keep the insurance company from undervaluing your claim. Once an agreement is reached the written settlement agreement will reflect it. It's normal for a back and forth to occur during these negotiations, but remaining patient will help you achieve an acceptable settlement.

Legal Advice

The next phase in the car lawsuit involving an accident is discovery, during which both sides exchange information and evidence. The parties may seek medical documents, police reports or witness statements. The parties will also exchange interrogatories that are written questions that have to be answered under oath within a certain time. Additionally, your attorney will document the extent of your physical, emotional and psychological injuries in addition to the other damages you may seek compensation for that are incurred, such as future medical costs, property damage, and lost wages.

Your lawyer will also consult with experts such as medical professionals as well as mechanics and engineers. These experts can assist the jury get clear information about your injuries and the accident.

Finally, your attorney will begin discussions with insurance companies to try to settle your claim without a trial. If the insurance company is unable to offer you an equitable settlement or does not take into account your injuries or other damages, your case will likely go to trial.

It is essential that victims file a lawsuit as soon as possible, even though few cases are heard in court. The memories fade, witnesses disappear and evidence may be lost in time and make it difficult to present a convincing case for the maximum amount of compensation. Additionally, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.