Phases of an Auto Accident Lawsuit

Damage to property, medical bills, and lost wages can be significant following an accident in the car. An experienced attorney can assist you in obtaining the financial amount of compensation you deserve.

The process varies from case-to-case, however, generally it starts with filing a complaint. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are a vital part of any auto accident case. They will help a jury or judge determine how the accident has impacted your life, including the emotional, physical and financial burdens of your injuries. Insurance companies will find it difficult to argue with the information provided by medical records.

You may only have a certain amount of time, contingent on the laws of your state and the guidelines of your physician, to obtain medical records. You should speak with your lawyer as soon after an accident as you can. Health Information Portability and Accountability Act (HIPAA) HIPAA guarantees your right to access these medical records. This does not mean you or your lawyer are the only ones able to examine your medical records. Insurance companies are often keen to uncover anything that could suggest that your injuries are pre-existing or not so severe as you say.

Your lawyer will use the medical information you provide to draft an order letter that includes evidence to justify the damages you seek. It is crucial that your lawyer only provide relevant medical documents to the insurance company since they might ask you to sign a medical authorization that allows them to access all your medical records. This is not in the best interest of your claim, as it could reveal past injuries not related to this claim.

Reports of Police

Every time a police officer responds to a call for help, including an accident, he or she prepares a police report. Although they aren't admissible in the courts of law (they are deemed to be hearsay) they can provide valuable information for attorneys when conducting investigations and preparing cases.

A police report provides an objective account of the incident that is based on the witness' testimony and the officer's observations of the weather conditions, the drivers, and other elements. It is a crucial evidence that can help you win an auto accident lawsuit.

You can usually request a copy of the records from the precinct that was responsible for the investigation. Call their non-emergency phone number and provide the receipt or incident number for identification. The police department might also have a website where you can request copies of your records online.

If your medical bills as well as property damage and lost wages reach a certain amount, you'll have to file a lawsuit against the driver at fault. The police report can prove to be a helpful tool during settlement negotiations, especially in cases where you can show that the other driver was largely at fault based on the police officer's observations. Many cases end up reaching an agreement without going to trial. The pre-trial process can be long and your case might not be resolved until one year after you file it.

Insurance Company Negotiations

After the adjuster has all the information he needs from you as well as your car accident investigation, he'll make a settlement offer. To create their initial offer, they will enter all the details and facts into a computer program. They'll most likely produce a number that's much lower than what you calculated from your study. When insurance companies offer settlement offers, they have their own financial interests in their minds.

They will seek to limit the amount they are required to pay for medical bills and other damages. You can counter by pointing out all the ways that your injuries will impact your life going forward. For instance, you can mention your increasing medical bills, your diminished earning potential, as well as the physical and mental pain you're experiencing.

Your lawyer or you then draft a demand auto accident lawsuit letter and submit it to the insurance company. This will include all the evidence you have collected and include statements from witnesses, photographs of your injuries and any documentation supporting your losses. Also, you will create a list of the non-negotiables that will keep the insurance company from undervaluing your claim. When an agreement has been reached the written settlement agreement will reflect it. Negotiations often involve back and forth, however staying patient will ensure an equitable settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery. During this process, both sides exchange information as well as evidence. Parties may request medical records, police reports, and witness statements. The parties will also exchange interrogatories, which are written questions which must be answered under oath within a certain time. Additionally, your attorney will document the extent of your physical emotional and mental injuries and any other damages you could seek compensation for in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will speak with other experts, like mechanics, medical professionals and engineers. These experts can help the jury to get a clear picture of the injuries and accidents you sustained.

Finally, your attorney will begin negotiations with insurance companies in order to attempt to resolve your claim without trial. However, if the insurance company provides you with a low amount of money or fails to take your injuries and other damages into consideration the case could go to trial.

Although a small percentage of cases go to trial, it is vital for the victims to file a lawsuit as soon as is possible. Memory fades, witnesses disappear, and evidence could be lost as time passes and it becomes difficult to establish a compelling case for the maximum amount of compensation. You must also adhere to the statute of limitations for your state that can range from 1 to 6 year.