Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages can be significant following an auto accident. An experienced attorney can assist you in obtaining the financial compensation you deserve.

The process can vary depending on the case, but usually starts with the filing of an accusation. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an important element of any auto accidents accident lawsuit. They will assist jurors or auto accident lawsuit judges understand the impact of the accident on your life. This includes the financial, emotional, and physical costs. Medical records will also provide a story that insurance companies will have a hard to argue.

You might only have a limited amount of time, depending on the laws in your state and the guidelines of your physician, to request medical records. This is why it is important to speak with your lawyer whenever you can after an accident. Health Information Portability and Accountability Act or HIPAA is a law that 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 access your medical records. Insurance companies are usually keen to discover anything that may suggest that your injuries are pre-existing or not so severe as you say.

Your lawyer will utilize your medical records to prepare a demand letters, that will include evidence to justify the damages you are seeking. Your lawyer should only give the relevant medical records to your insurance company. They might request you to allow them to access your entire medical record. This is not in your best interest as it could reveal past injuries that aren't directly related to the current claim.

Reports of the Police

Police reports are prepared each time a law enforcement officer responds to an emergency, including car accidents. Even though they're not admissible in court (they are considered hearsay) however, they provide valuable information to attorneys conducting an investigation and preparing an argument.

A police report is an objective assessment of what happened in the crash, based upon witness testimony and observations by the officer regarding the damage to the vehicles, weather conditions, drivers and more. It's an important piece of evidence which can assist you in winning a car accident lawsuit.

You can typically request a copy from the precinct who handled the investigation. Call their non-emergency phone number and provide the receipt or incident number for identification. You can request copies of the report through the website of the police department.

After your medical bills as well as property damage and lost wages are at an amount you can afford, you'll need to make a claim against the driver who is at fault. The police report can be an effective tool during settlement negotiations, particularly when you can prove that the other driver was largely at fault based on the officer's observations. However, many cases reach an agreement without ever going to trial. It could take a long time to complete the pre-trial procedures and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

After the adjuster has all the details they require from you and your vehicle accident investigation, they'll make a settlement offer. To create their initial offer, they will enter all the information and details into an online program. Most likely, they will come up with a much smaller number than what you estimated from your research. When insurance companies offer settlement offers, they've got their own financial interests in their minds.

They will want to limit how much they pay in medical bills and other damages. You can fight back when you highlight how your injuries will impact your life in the coming years. For instance, you could point to your mounting medical bills, your decreased earning capacity, auto accident lawsuit and the physical and emotional suffering you're suffering.

Your attorney or you will prepare the letter of demand and submit it to an insurance company. This letter will include all the evidence you've gathered such as witness statements and photos of your injuries. You should also make an outline of the things you will not negotiate to keep the insurance company from undervaluing your claim. When an agreement has been reached, the written settlement agreement will reflect it. It's not uncommon for back-and-forth to take place during these negotiations, but staying patient will help you reach an equitable settlement.

Legal Advice

The next phase in the car accident lawsuit is discovery, during which the parties exchange information and evidence. Parties may seek medical records and police reports and witness statements. They will also send each other interrogatories (written questions that need to be completed under oath at the end of a specified time). Your attorney will also write down the severity of physical mental, emotional, or psychological traumas you've suffered in addition to any other damages that may be sought, such as current and projected medical expenses as well as property damage and lost wages.

Your lawyer will also talk with experts such as medical professionals mechanics, engineers and mechanics. These experts can assist the jury to get a clear picture of the injuries and accidents you sustained.

Your attorney will then begin negotiations with insurance companies to resolve your case without trial. If the insurance company is willing to offer you a small settlement or fails to take your injuries and other damages into consideration your case is likely to be heard at trial.

It is important that victims file a suit as soon as they can, even though only a few cases make it to the courtroom. Memories fade, witnesses can disappear, and evidence could be lost over time and it becomes difficult to build a strong case for maximum compensation. You must also comply with the statute of limitations in your state, which can vary from 1 to 6 years.