Phases of an Auto Accident Lawsuit

Car accident injuries could result in significant medical bills, property damage and lost wages. A knowledgeable attorney can help you get the compensation you require.

The procedure can differ from case to case but usually begins with the filing of a complaint. This is followed by the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential component of any auto accident attorneys accident lawsuit. They will assist the judge or jury to determine how the accident has affected your life, including the physical, emotional and auto accident lawsuit financial costs of your injuries. Medical records will also tell the story that insurance companies will have a hard to dispute.

You may only have a specific period of time, based on the laws in your state and the policy of your doctor to request medical records. This is why it is important to consult with a lawyer immediately following an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA ensures that you have the right to access these records. However, this does not mean that you or your lawyer are the only ones able to view your medical records. Insurance companies are always looking for anything that might suggest your injuries may not be as serious as you claim or if you have pre-existing injuries.

Your lawyer will utilize the medical records that you supply to write the letter of demand that will include evidence to support the damages you are seeking. It is important to ensure that your lawyer provides relevant medical documents to the insurance company as they may ask you to sign a medical authorization that permits them to access all your medical records. This is not in your best interests because it could reveal prior injuries that are not related to the current claim.

Police Reports

Police reports are generated every time a law enforcement officer responds to an emergency call and also car auto accidents. Although they cannot be admitted in a court of law (they are deemed to be hearsay) they are valuable information for attorneys who are investigating and preparing their cases.

A police report is an objective assessment of what transpired in the crash, based on witness statements and the officer's observations about the vehicle's damage, weather conditions, drivers, and so on. It is an important document that can assist you in winning your lawsuit for car accidents against the defendant.

You can typically request a copy from the precinct who handled the investigation. Call their emergency line and provide the receipt or incident number to prove your identity. You can also request copies of police reports through the website of the police department.

You'll need to file a suit against the driver who was at fault when your medical bills as well as lost wages and damages to property reach an amount. The police report can be a valuable tool in settlement negotiations, particularly if you can prove that the other driver was at blame based on the officer's observations. Many cases are settled without having to go to trial. The process of preparing for trial can be lengthy and your case may not be resolved until one year after filing it.

Insurance Company Negotiations

After the adjuster has all the information they require from you and your car accident investigation, they'll make a settlement offer. To create their initial offer, they'll input all the information and details into a computer program. Most likely, they'll make a less than the amount you calculated using your study. It's important to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll want to reduce the amount they have to pay for your medical expenses and other damage. You can fight back by highlighting the ways in which your injuries will negatively impact your life in the future. You can, for example you can highlight the mounting medical bills and the loss of earnings potential, as well as the physical and mental suffering you are experiencing.

Your lawyer or you then prepare a demand letter and submit it to the insurer. It should include all the evidence you have gathered, including witness statements, photos of your injuries, and any documentation supporting your losses. You should also make an outline of the things you will not negotiate to prevent the insurance company from undervaluing your claim. Once you have reached an agreement, it will be reflected in the form of a written settlement agreement. It's normal for a back-andforth to occur during the negotiation process, but remaining calm will allow you to reach an acceptable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. Parties can require medical records or police reports, as well as witness statements. The parties can also exchange interrogatories that are written questions which must be answered under oath within a certain time. In addition, your attorney will document the extent of your physical emotional and mental injuries as well as the other damages you might be seeking to recover such as current and anticipated future medical expenses, property damage and lost wages.

Your lawyer will speak with other experts, such as mechanics, medical experts, and engineers. These experts can help the jury get an accurate picture of the injuries and accidents you sustained.

Your lawyer will then start negotiations with the insurance companies in order to settle your case without a trial. If the insurance company fails to offer you a fair settlement or does not take into account your injuries and other damages your case will likely be heard in court.

Although a small percentage of cases go to trial it is crucial for victims to begin a lawsuit as soon as is possible. As time passes, memories fade, witnesses pass away and evidence is lost and makes it harder to file a convincing claim to receive the maximum amount of compensation. It is also important to adhere to the statute of limitations in your state which can range between 1 and 6 years.