Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in significant medical bills, property damage and lost wages. An experienced attorney can help you receive the compensation you require.

The process varies from case-to-case, but generally, it begins with filing a complaint. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are a vital element in any auto accident attorney accident case. They can help a jury or judge know how the injury had an impact on your life, including the emotional, physical and financial burdens of your injuries. Insurance companies will be unable to dispute the story told by medical records.

You might only have a limited amount of time, depending on the laws of your state and the policies of your doctor to obtain medical records. This is why it is important to speak with your lawyer as soon as possible following an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA, protects your right to access these documents. This does not mean you or your lawyer are the only ones who can examine your medical records. Insurance companies are generally keen to uncover anything that could suggest your injuries were pre-existing or not as severe as you claim.

Your lawyer will utilize the medical records you provide to draft the letter of demand that will include evidence to support the damages you seek. It is crucial that your lawyer only send relevant medical records to the insurance company, as they may ask you to sign an authorization that permits them to access all of your medical records. This is not in the best interest of your claim since it could expose past injuries that are not relevant to this claim.

Police Reports

Police reports are prepared each time a law enforcement officer responds to an emergency and also car accidents. Although they cannot be admitted in the courts of law (they are considered to be hearsay) they are valuable information to attorneys in the process of conducting investigations and preparing cases.

A police report provides an objective report of what transpired in the accident, based on witnesses' testimonies and the officer's observations regarding the damage to the vehicle as well as weather conditions, drivers and more. It's an important piece of evidence that could aid in winning a lawsuit in a car accident.

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 a receipt or incident number to identify the report. You can request copies of your police report through the police department's website.

You'll need to file a suit against the driver who was at fault after your medical expenses or lost wages property damage reach an amount. The police report can be an effective tool during settlement negotiations, particularly in cases where you can show that the other driver was at blame based on the officer's observations. Many cases are settled without going to trial. The process of preparing for trial can be lengthy and your case might not be resolved until one year after filing it.

Insurance Company Negotiations

Once the adjuster has all the information he needs from you and your vehicle accident investigation, they will make an offer to settle. They will enter all the information and auto accident lawsuit facts into a software program to generate their initial offer. They'll likely come up with a number which is lower than what you calculated based on your investigation. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to reduce the amount they have to pay for your medical expenses and other damage. You can fight back by pointing out all the ways your injuries will negatively impact your life in the future. For instance, you could highlight your growing medical bills, your decreased earning capacity, and the emotional and physical pain you're suffering.

You or your attorney will create a letter of demand and then present it to an insurance company. It should include all the evidence you have gathered including witness statements, photographs of your injuries and any documents that support your losses. You should also make an outline of the things you will not negotiate to prevent the insurance company from undervaluing your claim. After an agreement has been reached, the written settlement agreement will reflect it. Negotiations are usually back and forth, but perseverance will aid in achieving an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. Parties may require medical records or police reports, as well as witness statements. They may also send each other interrogatories (written questions to be answered under oath before the end of a specified time). Your attorney will also write down the severity of the physical psychological, emotional, and physical injuries you've sustained, in addition to any other damages that could be sought out, such as the current and anticipated medical expenses along with property damage, lost wages.

Your lawyer will confer with other experts like medical specialists, mechanics and engineers. These experts will aid in painting a an appealing image of the accident and your injuries for the jury.

Your attorney will then start negotiations with the insurance companies to resolve your case with no trial. If the insurance company doesn't offer an acceptable settlement or does not take into account your injuries or other damages, your case will likely go to trial.

It is important that victims file a lawsuit as soon as possible, even if only a handful of cases are heard in court. Memories fade, witnesses disappear and evidence may be lost in time and make it difficult to establish a compelling argument for the most compensation. You must also comply with the statute of limitations for your state which can range between 1 and 6 years.