Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in significant medical bills along with property damage and lost wages. An experienced lawyer can assist to get the compensation you require.

The process can vary from case to case but usually begins with the filing of an accusation. 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 a jury or judge know how the injury impacted your life, including the physical, emotional and financial costs of your injuries. Medical records will also tell the story that insurance companies will have a hard time disputing.

Depending on your state's laws and the policy of your doctor You may be granted a limited amount of time to request medical records from healthcare providers. This is why you should contact your lawyer as soon as you can after an accident. The law provides access to these records through the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones to examine your medical records. Insurance companies are always looking for evidence that suggests your injuries might not be as severe as you claim or pre-existing.

Your lawyer will use your medical records to draft a demand letter, which will include evidence to justify the damages you are seeking. It is important that your lawyer only provide relevant medical records to the insurance company as they may request you to sign a medical authorization that allows them to access all your medical records. This is not in your best interest as it could reveal past injuries that aren't connected to the current claim.

Police Reports

When a police officer responds to a request for help, which could include an accident, he prepares a police report. Although they're not admissible in court (they are considered hearsay), they do provide valuable information to attorneys conducting an investigation and preparing cases.

A police report gives an objective account of the incident, based on the witness testimony of the officer and his observations regarding the weather conditions, the drivers, and other factors. It's a crucial evidence piece that can help you win your car accident lawsuit against the defendant.

Typically, you can request a copy your police report from the local police department that handled the investigation by calling their emergency number and providing the receipt or incident number to identify it. The police department may also have a website where you can request copies of your records online.

You'll need to file a lawsuit against the person who caused the accident once your medical bills as well as lost wages and damages to property reach an amount. The police report is an important tool in settlement negotiations, particularly if you can prove the other driver's negligence through the observations of the officer. However, many cases reach an agreement without going to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until one year after filing it.

Insurance Company Negotiations

Once the adjuster has all of the details they require from you as well as your car accident investigation, they'll make an offer for settlement. They will then input all the facts and details into a software program to create their initial offer. They'll probably arrive at a figure which is significantly lower than the number you calculated from your investigation. When insurance companies offer settlement offers, they have their own financial interests in mind.

They'll wish to limit the amount they will have to pay for medical bills and other damages. You are able to fight back if you explain the way your injuries will affect your life in the near future. For example, you can refer to your rising medical bills, your decreased earning potential, and the emotional and physical suffering you're experiencing.

Your attorney or you prepare the letter of demand and present it to an insurance company. It will contain all the evidence you have gathered, including statements from witnesses, photographs of your injuries as well as any documentation supporting your losses. Also, you'll make a list of the items you cannot negotiate, so you can stop the insurance company from negotiating with you. After an agreement has been reached, the written settlement agreement will reflect it. Negotiations can be a back and forth affair, but being patient can aid in achieving a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which the parties exchange information and evidence. Parties may request medical records, police reports, as well as witness statements. The parties may also exchange interrogatories which are written questions that have to be answered under an oath within the time limit. Your lawyer will also record the severity of physical mental, emotional, or psychological traumas you've suffered as well as any other damages that could be sought, including the current and anticipated medical expenses, property damage, and lost wages.

Your lawyer will also talk with experts such as medical professionals, mechanics and engineers. These experts will aid in painting a the vivid image of the accident and the extent of your injuries to the jury.

Your attorney will then begin discussions with insurance companies in order to resolve your case without trial. However, if the insurance company provides you with a low amount of money or does not take your injuries and other damages into consideration, your case will likely proceed to trial.

While a small number of cases do go to trial it is vital for the victims to make a claim as soon as possible. Memory fades, witnesses pass away, and evidence can be lost in time and auto accident lawsuit make it difficult to present a convincing case to get the maximum amount of compensation. You must also comply with the statute of limitations in your state which can vary from 1 to 6 years.