Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages can be substantial after an auto accident. An experienced lawyer can assist to get the compensation you require.

The procedure is different from case to case but generally, it begins with filing a complaint. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an essential component of any auto accident lawsuit. They will aid a jury or judge know how the injury affected your life, including the physical, emotional and financial consequences of your injuries. Insurance companies will find it difficult to refute the story portrayed by medical records.

Based on the laws of your state and your doctor's guidelines You may be granted the time to request medical records from your healthcare provider. This is why you should speak with your lawyer immediately following an accident. The law protects your access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones who can view your medical records. Insurance companies are generally keen to find anything that might suggest that your injuries are pre-existing or not so severe as you say.

Your lawyer will use the medical records you provide to prepare a letter of demand that will include evidence in support of the damages you want. Your lawyer should only supply the relevant medical records to your insurance company. They may 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 present claim.

Police Reports

Each time a police officer responds to a call for help, such as an accident, he creates a police report. Even though they aren't admissible in court (they are considered to be hearsay), they do provide important information to attorneys when conducting an investigation and preparing cases.

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

You can usually request a copy from the precinct that was responsible for the investigation. Contact their non-emergency number and provide a receipt or an incident number to prove your identity. The police department might have a website on which you can request copies of records online.

When your medical bills and property damage as well as lost wages exceed the amount of a certain amount, then you will need to bring a lawsuit against the driver at fault. The police report can be an effective tool for settlement negotiations, particularly if you can prove the other driver's responsibility based on observations made by the officer. Many cases end up reaching an agreement without going to trial. It may take some time to go through the pre-trial procedures and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the data they require from you as well as the investigation into the car accident is complete, they will offer a settlement offer. They will input all the facts and details into a program that will create their initial offer. They will most likely come up with a number that is much lower than the one you calculated from your study. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.

They will want to limit how much they pay in medical bills and other damages. You can counter by pointing out the many ways that your injuries will impact your life in the future. For example, you can point to your mounting medical bills, your decreased earning capacity, and the physical and emotional suffering you're suffering.

Your lawyer or you then draft a demand letter and send it to the insurer. This letter will include all of the evidence that you have gathered including witnesses' statements and photographs of your injuries. Additionally, you should create an inventory of non-negotiables in order to ensure that the insurance company is not undervaluing your claim. When an agreement has been reached, the written settlement agreement will reflect it. Negotiations are usually back and forth, but perseverance will ensure a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which the parties exchange information and evidence. Parties may require medical records or police reports and witness statements. The parties may also exchange interrogatories that are written questions which must be answered under an oath within the time limit. Your lawyer will also record the extent of the physical mental, emotional, or psychological injuries you've sustained, auto accident lawsuit as well as any other damages which could be sought, like future and current medical expenses as well as property damage and lost wages.

Your lawyer will talk to other experts, like mechanics, medical experts, and engineers. These experts will help paint a the vivid image of the accident and the injuries you sustained for the jury.

Your lawyer will begin negotiations with insurance companies to attempt to resolve your claim without trial. If the insurance company fails to provide you with a fair settlement, or does not take into account your injuries and other damages your case is likely to go to trial.

It is crucial that victims file a lawsuit as soon as possible even though very few cases will ever make it to the courtroom. The memories fade, witnesses disappear, and evidence could be lost in time making it more difficult to build a strong case for maximum compensation. Furthermore, you have to comply with the statute of limitations in your state, which can be anywhere from one to six years.