Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages can be substantial after an accident in the car. An experienced lawyer can assist to get the compensation you require.

The process can vary from case to case, but generally it begins with the filing of an accusation. Then follows the discovery phase, trial and any appeals.

Medical Records

Medical records are an essential element of any auto accident lawsuit. They will assist jurors or judges know how the injury had an impact on your life, including the physical, emotional and financial burdens 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 of your state and the policy of your doctor, to request medical records. It is recommended to consult with your lawyer as soon following an accident as is possible. Health Information Portability and Accountability Act or HIPAA guarantees your right to access these records. However, this does not mean that only you or your lawyer will be able to access your medical records. Insurance companies are usually keen to find anything that might suggest that your injuries were pre-existing or not as severe as you think.

Your lawyer will use the medical records you provide to draft an order letter that will include evidence in support of the damages you seek. Your lawyer should only supply the relevant medical documents to your insurance company. They may ask you to authorize them to access your entire medical record. This is not in your best interests as it could reveal past injuries that aren't connected to the current claim.

Reports of Police

Every time a police officer responds to a call for help, which could include an accident, he or she makes a police report. Although they are not admissible in the courts of law (they are considered to be hearsay), they provide valuable information for attorneys when conducting investigations and preparing cases.

A police report provides an objective account of what transpired in the accident, based on witnesses' statements and the officer's observations about the vehicles' damage and weather conditions, drivers and more. It is an important piece of evidence that can aid you in winning an auto accident attorneys accident lawsuit.

You can typically request a copy from the police precinct that handled the investigation. Contact their non-emergency number and provide an original receipt or an incident number to prove your identity. You can also request copies of police reports through the website of the police department.

When your medical bills as well as property damage and lost wages reach an amount that is a certain amount, you'll need to file a lawsuit against the at-fault driver. 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. However, many cases reach an agreement without ever going to trial. It could take a long time to complete the steps before trial and your case may not be resolved for a long time.

Insurance Company Negotiations

Once the adjuster has all the information they require from you and your automobile accident investigation, he'll make a settlement offer. They will enter all the facts and details into a program that will generate their initial offer. Most likely, they'll arrive at a lower number than you calculated from your investigation. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll want to limit the amount they have to pay for your medical bills and other damages. You can counter by pointing out all the ways that your injuries could affect your life in the near future. For instance, you could highlight your growing medical bills, your diminished earning capacity and the emotional and physical suffering you're suffering.

Your attorney or you will then draft an order letter and present it to an insurance company. This letter will include all the evidence you've gathered such as witnesses' statements and photographs of your injuries. You should also make an inventory of non-negotiables in order to keep the insurance company from undervaluing your claim. When an agreement is reached and ratified, it will be included in an agreement for auto accident lawsuit settlement in writing. Negotiations can be a back and forth process, auto accident lawsuit but staying patient will 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 can seek medical records and police reports, as well as witness statements. They will also send each other interrogatories (written questions that have to be answered under oath before the end of a specified time). Additionally your attorney will provide documentation of the extent of your physical emotional and psychological traumas as well as the other damages you could seek compensation for, including existing and projected future medical expenses, property damage and lost wages.

Your lawyer will also confer with experts, such as medical experts mechanics, engineers and mechanics. These experts can help the jury get clear information about your accident and injuries.

Then, your lawyer will begin negotiations with insurance companies in order to try to settle your claim without a trial. If the insurance company doesn't offer you an equitable settlement or does not consider your injuries or other damages, your case will likely go to trial.

While a small number of cases do make it to trial, it is crucial for victims to start a lawsuit as quickly as they can. As time passes, memories fade, witnesses pass away, and evidence disappears which makes it more difficult to file a convincing claim for the most compensation. Furthermore, you have to comply with the statute of limitations in your state, which could vary from 1 to 6 years.