Phases of an Auto Accident Lawsuit

Car crash injuries can result in significant medical bills as well as property damage and loss of wages. An experienced lawyer can help you in receiving the justice you deserve.

The procedure is different depending on the case, but generally, it begins with filing an action. Then follows the discovery phase along with any appeals.

Medical Records

Medical records are an important part of any auto accident lawsuit. They will assist the judge or jury understand how the injury has affected your life, as well as the emotional, physical and financial burdens of your injuries. Medical records will also reveal an account that insurance companies will have a tough to dispute.

You may only have a specific period of time, based on the laws of your state and the policies of your doctor to obtain medical records. It is recommended to consult with your lawyer as soon after an accident as you can. Health Information Portability and Accountability Act or HIPAA guarantees your right to access these medical records. But, this doesn't mean that only you or your lawyer are able to see your medical records. Insurance companies will often try to find anything that might suggest your injuries were pre-existing or not as severe as you think.

Your lawyer will use your medical records in order to draft a demand letter, which will contain evidence to support the damages you're seeking. It is important that your lawyer only provides relevant medical records to the insurance company, because they could ask you to sign a medical authorization that allows them to access all your medical records. This is not beneficial to your claim because it could reveal injuries from the past that are not related to this claim.

Reports of Police

Police reports are produced each time a police officer responds to an emergency, including car accidents. Even though they aren't admissible in court (they are considered hearsay) however, they provide valuable information to attorneys when conducting an investigation and preparing an argument.

A police report provides an impartial account of the accident from the witness' testimony as well as the officer's observations of the weather conditions, drivers, and a variety of other factors. It is an important piece of evidence that can assist you in winning an auto accident lawsuit.

Usually you can request a copy your police report from the precinct that was responsible for the investigation by calling their non-emergency number and providing an incident or receipt to identify it. The police department may have a website on which you can request copies of records online.

After your medical expenses as well as property damage and lost wages exceed a certain amount, you'll have to start a lawsuit against the at-fault driver. The police report can be a valuable tool during settlement negotiations, especially if you can prove that the other driver was largely at blame based on the officer's observations. A lot of cases are settled without having to go to trial. It may take some time to complete the steps before trial and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

After the adjuster has all the details they require from you and your vehicle accident investigation, he'll make an offer to settle. To make their first offer, they'll enter all the details and facts into the computer program. Most likely, they will come up with a much lower number than you calculated from your investigation. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to limit how much they pay in medical bills and other damages. You can fight back by pointing out all the ways your injuries will impact your life in the future. For instance, you can refer to your rising medical bills, your lost earning potential, and the physical and emotional suffering you're suffering.

Your attorney or you prepare the letter of demand and submit it to an insurer. The letter should include all of the evidence that you've collected, including witness statements and photos of your injuries. You'll also prepare the list of your non-negotiables so you can keep the insurance company from negotiating with you. Once you have reached an agreement it will be documented in a written settlement agreement. It's normal for a back-andforth to take place during the negotiation process, but remaining calm will allow you to reach an acceptable settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery. During this process, both sides exchange information and evidence. Parties can request medical records, police reports, and witness statements. They may also send the other interrogatories (written questions that need to be completed under oath at the end of a specified time). Your lawyer will also record the severity of the physical psychological, emotional, and physical injuries you've sustained, as well as any other damages that may be sought out, such as the amount of medical expenses you are currently and in the future or property damage, as well as lost wages.

Your lawyer will confer with other experts, like medical specialists, mechanics and engineers. These experts will aid in painting a an accurate picture of your crash and your injuries for the jury.

Your attorney will then begin discussions with insurance companies in order to resolve your case without trial. If the insurance company provides you with a low amount of money or fails to take your injuries and other damages into account the case could be heard at trial.

It is important that victims file a lawsuit promptly, even though only a few cases are heard in the courtroom. With time memories fade, witnesses pass away, and evidence disappears which makes it more difficult to establish a solid claim for maximum compensation. You must also comply with your state's statute of limitations that can range from 1 to 6 year.