Phases of an Auto Accident Lawsuit

Car accident injuries can lead to significant medical bills as well as property damage and loss of wages. An experienced lawyer can help you in obtaining the amount of compensation you deserve.

The process may differ from case to case, but generally it starts with the filing of the complaint. This is followed by the discovery phase, trial and any appeals.

Medical Records

Medical records are an important element in any auto accident lawsuit. They can help the judge or jury know how the injury impacted your life, including the emotional, physical and financial cost of your injuries. Medical records will also reveal an account that insurance companies will have a tough to dispute.

Depending on your state's laws and your doctor's guidelines You may be granted limited time to request medical documents from healthcare providers. You should speak with your lawyer as soon following an accident as you can. Health Information Portability and Accountability Act, or HIPAA, protects your right to access these medical records. This doesn't mean you or your lawyer are the only ones able to examine your medical records. Insurance companies are always looking for any sign that might suggest your injuries may not be the severity you claim or if you have pre-existing injuries.

Your lawyer will use your medical records in order to prepare a demand letters, that will include evidence to justify the damages you are seeking. It is important that your lawyer only provide relevant medical documents to the insurance company, as they may request you to sign a medical authorization that permits them to access all your medical records. This is not in your best interest because it could reveal prior injuries that are not related to the current claim.

Reports of the Police

Every time a police official responds to a call for help, such as an accident, he prepares a police report. Although they cannot be admitted in the courts of law (they are considered to be hearsay), they provide valuable information to attorneys in the process of investigating and preparing cases.

A police report provides an objective report of what happened in the crash, based on witness statements and observations about the vehicles' damage as well as weather conditions, drivers, and so on. It is an important evidence that can aid in winning an auto accident lawsuit.

Usually, you can request a copy your police report from the police station that was responsible for the investigation by calling their emergency number and supplying an invoice or incident number to identify the report. The police department might also have a website on which you can request copies of records online.

You'll need to file a suit against the person who caused the accident after your medical expenses along with lost wages and property damage reach a certain value. The police report can be a useful tool in settlement negotiations, particularly if you can prove that the other driver was at blame based on the officer's observations. A lot of cases are settled without having to go to trial. The process of preparing for trial can be lengthy and your case might not be resolved until one year after you file it.

Insurance Company Negotiations

Once the adjuster has all the details they require from you and your automobile accident investigation, he will make an offer of settlement. To create their initial offer, they'll input all the details and facts into a computer program. Most likely, they'll make a smaller amount than you anticipated using your research. When insurance companies make settlement offers, they have their own financial interest in their minds.

They'll want to limit the amount they'll have to pay for medical bills and other damages. You can fight back if explain how your injuries will affect your life in future. For example, you can point to your mounting medical bills, your lost earnings capacity and the emotional and physical pain you're going through.

You or your lawyer will then draft a demand letter and send it to the insurer. It will contain all the evidence you have gathered and include witness statements, photos of your injuries as well as any documents supporting your losses. Also, you will create an outline of the things you will not negotiate to stop the insurance company from undervaluing your claim. Once an agreement is reached the settlement agreement written will reflect it. Negotiations can be a back and forth process, but perseverance will help you achieve an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which the parties exchange information and evidence. Parties can request medical records and police reports as well as witness statements. They can also send each other interrogatories (written questions that must be answered under oath before the deadline). In addition the attorney will also document the extent of your physical emotional and psychological traumas in addition to the other damages that you could seek compensation for in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will consult with other experts like mechanics, medical professionals and engineers. They will help paint a the vivid image of the accident and your injuries 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 offer you a fair settlement or auto accident lawsuit doesn't take into consideration your injuries and other losses, your case will likely be heard in court.

Although few cases actually go to trial, it is crucial for victims to begin a lawsuit as soon as possible. Memories fade, witnesses disappear, and evidence could be lost in time and it becomes difficult to make a strong case for the maximum amount of compensation. It is also important to adhere to the statute of limitations for your state which can vary from 1 to 6 year.