Phases of an Auto Accident Lawsuit

Injuries from car crashes could result in significant medical bills, property damage, and even lost wages. An experienced lawyer can assist you receive the compensation you need.

The process may differ from case to case but usually begins with the filing of an action. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are an essential part of any auto accident law firm accident case. They can help a jury or judge know how the injury had an impact on your life, including the physical, emotional and financial burdens of your injuries. Medical records will also reveal an insurance company a story they will have a tough to argue.

According to the laws of your state and your doctor's policy depending on your state's laws and your doctor's policy, you could have the time to request medical documents from healthcare providers. This is why it is important to discuss your legal needs whenever you can after an accident. The law protects your access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones who can examine your medical records. Insurance companies are always looking for anything that could suggest that your injuries aren't as severe as you claim or if you have pre-existing injuries.

Your lawyer will utilize the medical records you provide to create the letter of demand, which will include evidence in support of the damages you are seeking. Your lawyer should only provide the relevant medical records to your insurance company. They may require you to give them permission to access your complete medical record. This is not in your best interest because it could reveal prior injuries that aren't connected to the current claim.

Reports of Police

When a police officer responds to a request for assistance, or an accident, he or she produces a report. Although they aren't admissible in the courts of law (they are deemed to be hearsay) they can provide valuable information for attorneys when researching and preparing cases.

A police report is an objective account of what happened in the accident, based on witness statements and observations about the vehicle's damage, weather conditions, drivers, and so on. It's an important piece of evidence that could aid you in winning your lawsuit for car accidents against the defendant.

Usually you can request a copy your police report from the local police department that handled the investigation by calling their non-emergency line and automobile supplying an invoice or incident number to identify the report. The police department may have a website on which you can request copies of your records online.

You'll have to file a suit against the driver at fault after your medical expenses, lost wages, and damages to property reach an amount. The police report can be an effective tool in settlement negotiations, especially when you can prove that the other driver was largely at blame based on the officer's observations. Many cases are settled without 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

After the adjuster has all the information they require from you and your automobile accident investigation, they will make an offer of settlement. To generate their first offer, they'll input all the details and facts into an application on computers. Most likely, they will make a smaller number than what you estimated based on your investigation. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll want to reduce the amount they'll have to pay for your medical bills and other damages. You can fight back by pointing out all the ways that your injuries will negatively impact your life going forward. For instance, you could draw attention to your increasing medical bills, your decreased earnings capacity and the emotional and physical pain that you're currently experiencing.

Your lawyer or you prepare a demand form and submit it to the insurance company. The letter should include all of the evidence that you've collected, including witness statements and photos of your injuries. You will also create an outline of the things you will not negotiate to keep the insurance company from undervaluing your claim. When an agreement is reached, it will be reflected in a written settlement agreement. It's common for a back-and-forth to occur during these negotiations, but being calm will allow you to reach a fair settlement.

Legal Advice

The next phase in the car lawsuit involving an accident is discovery, in which both sides exchange information as well as evidence. The parties can request medical documents, police reports or witness statements. The parties will also exchange interrogatories, which are written questions which must be answered under an oath within certain times. Your attorney will also document the extent of the physical mental, emotional, or psychological injuries you have suffered, in addition to any other damages that could be sought, such as the current and anticipated medical expenses along with property damage, lost wages.

Your lawyer will talk to other experts, including medical specialists, mechanics and engineers. These experts can help the jury get an accurate picture of your injuries and the accident.

Your lawyer will then start negotiations with the insurance companies in order to resolve your case without trial. If the insurance company is willing to offer you a low amount of money or does not take your injury and other damages into account the case could proceed to trial.

While only a few cases make it to trial, it is important for victims to make a claim as soon as is possible. Memories fade, witnesses die and evidence can disappear as time passes, making it harder to establish a compelling case for 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.