Phases of an Auto Accident Lawsuit

Car crash injuries can lead to significant medical bills, property damage, and even lost wages. An experienced attorney can help to get the compensation you need.

The process may differ from case to case but typically, it starts with the filing of an action. The discovery phase, trial, and appeals follow.

Medical Records

Medical records are a vital element of any auto accidents accident case. They will aid the judge or jury to determine how the accident has had an impact on your life, including the emotional, physical and financial burdens of your injuries. Medical records will also tell an insurance company a story they will have a hard to dispute.

You might only have a limited amount of time, depending on the laws of your state and the guidelines of your physician, to obtain medical records. Consult with your lawyer as soon after an accident as possible. Health Information Portability and Accountability Act or HIPAA, protects your right to access these medical records. However, this doesn't mean that you or your lawyer are the only ones who are able to look over your medical records. Insurance companies are generally keen to discover anything that may suggest that your injuries were pre-existing or not as severe as you claim.

Your lawyer will use the medical information you provide to draft an order letter that will include evidence supporting the damages you want. It is essential that your lawyer only provides relevant medical records to the insurance company as they may request you to sign an authorization that permits them to access all of your medical records. This is not the best option for your claim as it may reveal past injuries not related to the claim.

Police Reports

Police reports are produced each time a police officer responds to an emergency call and also car accidents. Although they are not admissible in a court of law (they are considered to be hearsay) they are valuable information for attorneys who are researching and preparing cases.

A police report offers an impartial account of the accident from the witness' testimony and the officer's observations of the weather conditions, drivers, and other factors. It is an important evidence that can aid in winning an auto accident lawsuit.

You can typically request a copy from the police precinct that handled the investigation. Call their emergency line and provide a receipt or an incident number as identification. You can also request copies of police reports through the department's website.

After your medical expenses, property damage and lost wages reach the amount of a certain amount, then you'll have to start a lawsuit against the at-fault driver. The police report can be an important tool in settlement negotiations, particularly when you can establish the other driver's fault from the evidence provided by the officer. Many cases are settled without having to go to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

Once the adjuster has all the information they require from you and Auto Accident Lawsuit your vehicle accident investigation, they will make an offer for settlement. They will then input all the facts and details into a computer program in order to generate their initial offer. Most likely, they will produce a significantly smaller amount than you anticipated from your research. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They'll seek to limit the amount they pay in medical bills and other damages. You can fight back by highlighting all the ways your injuries will negatively impact your life in the near future. For instance, you can draw attention to your increasing medical bills, your diminished earning potential, and the physical and emotional suffering that you're currently experiencing.

Your lawyer or you will prepare a demand form and send it to the insurer. The letter should contain all the evidence you've gathered such as witnesses' statements and photographs of your injuries. You'll also make the list of your non-negotiables, so you can keep the insurance company from undercutting you. Once an agreement is reached the settlement agreement written 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 equitable settlement.

Legal Advice

The next stage in the car lawsuit involving an accident is discovery, during which the parties exchange information and evidence. Parties can request medical records, police reports and witness statements. The parties may also trade interrogatories which are written inquiries which have to be answered on oath within a certain time. Your attorney will also record the extent of physical mental, emotional, or psychological injuries you've sustained, in addition to any other damages that could be sought, like the current and anticipated medical expenses as well as property damage and lost wages.

Your lawyer will also consult with experts, such as medical experts, mechanics and engineers. These experts can assist the jury get an accurate picture of your injuries and the accident.

Your lawyer will then start negotiations with insurance companies to settle your case without trial. However, if the insurance company offers an unsatisfactory settlement or fails to take your injuries and other damages into consideration the case will progress to trial.

It is crucial that victims file a suit as soon as they can, auto accident lawsuit even if only a handful of cases make it to the courtroom. The memories fade, witnesses die and evidence can disappear as time passes and make it difficult to make a strong case for the maximum amount of compensation. You must also adhere to the statute of limitations in your state that can range from 1 to 6 years.