Phases of an Auto Accident Lawsuit

Car crash injuries can result in substantial medical bills, property damage, and even lost wages. A knowledgeable attorney can assist you in obtaining the financial compensation you deserve.

The process can vary depending on the case, but usually begins with the filing of the complaint. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are an important part of any auto accident lawsuit. They will assist a judge or jury determine the impact of the accident on your life. This includes the emotional, financial, and physical costs. Insurance companies will be unable to refute the story portrayed by medical records.

You might only have a particular period of time, based on the laws in 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. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer can access your medical records. Insurance companies constantly look for evidence that might suggest that your injuries aren't as severe as you claim or pre-existing.

Your lawyer will utilize your medical records to draft a demand letter, which will include evidence to support the damages you're seeking. Your lawyer must only provide the relevant medical records to your insurance company. They might require you to give them permission to access your complete medical record. This is not in your best interests since it could expose past injuries that aren't directly related to the current claim.

Police Reports

Police reports are produced each time a law enforcement officer responds to an emergency, including car accidents. Although they cannot be admitted in the courts of law (they are deemed to be hearsay) they are valuable information for attorneys when investigating and preparing their cases.

A police report gives an objective account of the accident which is based on the witnesses testimony of the officer and his observations of the weather conditions, drivers, and other elements. It's a vital piece of evidence that can help you win an auto accident attorney accident lawsuit.

You can usually request a copy of the records from the precinct who handled the investigation. Call their emergency line and provide an original receipt or an incident number as proof of identification. You can request copies of your police report on the police department's website.

When your medical bills and property damage as well as lost wages are at the amount of a certain amount, then you will need to make a claim against the driver at fault. The police report can be a useful tool in settlement negotiations, especially if you can prove that the other driver was at fault, based on an officer's observations. But, many cases settle an agreement without ever 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

Once an adjuster has all the data they require from you as well as the car accident investigation is complete, they will offer an offer for settlement. In order to create their first offer, they'll input all the information and details into an application on computers. Most likely, they'll make a less than the amount you calculated using your research. When insurance companies offer settlement offers, they've got their own financial interests in their minds.

They'll be looking to reduce the amount they have to pay in medical bills and other damages. You are able to fight back if you explain the negative effects your injuries could have on you and affect your life in the near future. You could, for instance you can highlight the mounting medical bills and your lost earnings potential, as well as the physical and mental suffering you are experiencing.

You or your lawyer will then prepare a demand letter and present it to the insurance company. It will contain all the evidence you have collected, including statements from witnesses, photographs of your injuries, auto accident lawsuit as well as evidence to support your losses. You'll also prepare the list of your non-negotiables so you can keep the insurance company from lowballing you. If an agreement is reached, it will be reflected in an agreement for settlement in writing. Negotiations are usually back and forth process, but remaining patient will ensure an equitable settlement.

Legal Advice

The next step in a car accident lawsuit is discovery. During this process, the parties exchange information and evidence. Parties may request medical records and police reports, as well as witness statements. They will also provide the other interrogatories (written questions that must be answered under oath by the end of the specified time). Your attorney will also write down the extent of physical psychological, Auto Accident Lawsuit emotional, and physical traumas you've suffered as well as any other damages that could be sought, such as the amount of medical expenses you are currently and in the future as well as property damage and lost wages.

Your lawyer will also confer with experts, such as medical experts, mechanics and engineers. These experts will help paint an appealing picture of the crash and the injuries you sustained for the jury.

Your lawyer will then begin negotiations with the insurance companies to resolve your case with no trial. However, if the insurance company offers you a low amount of money or does not take your injury and other damages into account the case could go to trial.

Although a small percentage of cases go to trial, it is important for victims to make a claim as soon as possible. Memory fades, witnesses disappear, and evidence could be lost over time and it becomes difficult to establish a compelling case to get the maximum amount of compensation. Additionally, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.