Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages may be substantial after an accident. An experienced attorney can assist you in obtaining the financial compensation you deserve.

The procedure is different depending on the case, however, generally it starts with filing a complaint. Then comes the discovery phase along with any appeals.

Medical Records

Medical records are a vital element of any auto accident law firm accident case. They will help the jury or judge know the effects of the accident on your life. This includes the emotional, financial physical and emotional costs. Medical records can also tell the story that insurance companies will have a hard to dispute.

You may only have a specific amount of time, based on the laws in your state and the policy of your doctor, to request medical records. Consult with your lawyer as soon following an accident as is possible. The law safeguards 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 lawyer will be able to view your medical records. Insurance companies will often try to look for anything that could suggest that your injuries are pre-existing or not as severe as you think.

Your lawyer will make use of the medical records you provide to prepare the letter of demand, which includes evidence to justify the damages you seek. It is imperative that your lawyer only send relevant medical records to the insurance company as they may ask you to sign a medical authorization that permits them to access all of your medical records. This is not in your best interest since it could reveal previous injuries that aren't connected to the present claim.

Police Reports

Police reports are generated every time a law enforcement officer responds to an emergency call for example, car accidents. Even though they aren't admissible in court (they are considered hearsay) however, they provide important information to attorneys when investigating an accident and creating a case.

A police report is an impartial account of the accident that is based on the witness' testimony as well as the officer's observations of the weather conditions, the drivers, and other factors. It's an important document that can aid you in winning your car accident lawsuit against the defendant.

You can typically request a copy from the precinct who handled the investigation. Contact their non-emergency number and provide an invoice or an incident number as proof of identification. You can also request copies of records through the website of the police department.

If your medical bills, property damage and lost wages are at the amount of a certain amount, then you'll have to start a lawsuit against the driver who is at fault. The police report can be a useful tool during settlement negotiations, especially when you can prove that the other driver was at fault based on the police officer's observations. Many cases end up reaching settlements without ever going to trial. The pre-trial process can be long and your case may not be resolved until one year after filing it.

Insurance Company Negotiations

Once an adjuster has all the details they require from you, and the investigation of the car accident and investigation, they will make an offer for auto accident lawsuit settlement. To create their initial offer, they will enter all the details and facts into the computer program. They'll most likely arrive at a figure that is much lower than the one you calculated based on your research. It's important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.

They will be looking to reduce the amount they will have to pay for medical bills and other damages. You can fight back if you mention the way your injuries will affect your life in future. You can, for example, point out your mounting medical bills and lost earnings potential, as well being aware of the physical and mental pain you're experiencing.

You or your attorney will then prepare the letter of demand and submit it to an insurance company. It will contain all the evidence you have collected including witness statements, photographs of your injuries, and any documents that support your losses. You'll also make an inventory of the items you cannot negotiate, so you can keep the insurance company from undercutting you. After an agreement has been reached, the written settlement agreement will reflect it. Negotiations often involve back and forth process, but staying patient will help you achieve an equitable settlement.

Legal Advice

The next stage in the car lawsuit involving an accident is discovery, in which both sides exchange information and evidence. The parties may seek medical records, police reports and witness statements. They may also send each other interrogatories (written questions that must be answered under oath before the end of a specified time). In addition your attorney will provide documentation of the extent of your physical, emotional and psychological injuries as well as the other damages that you could seek compensation for such as current and anticipated future medical expenses, property damage and lost wages.

Your lawyer will consult with other experts, such as mechanics, medical specialists and engineers. These experts will aid in painting a the vivid picture of the crash and the injuries you sustained for the jury.

Your lawyer will begin negotiations with insurance companies to attempt to settle your claim without a trial. If the insurance company doesn't provide you with an equitable settlement or doesn't take into consideration 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 make a claim as soon as possible. The memories fade, witnesses pass away, and evidence can be lost as time passes and it becomes difficult to establish a compelling case to get the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which can be anywhere from one to six years.