Phases of an Auto Accident Lawsuit

Damage to property, medical bills, and lost wages can be substantial after an accident in the car. An experienced lawyer can help you in obtaining the financial amount you are due.

The procedure can differ from case-to-case, but typically, it begins with the filing of the complaint. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an important element in any auto accident lawsuit. They will help a jury or judge know how the injury affected your life, including the physical, emotional and financial cost of your injuries. Insurance companies will be unable to refute the story portrayed by medical records.

Based on the laws of your state and your doctor's policy depending on your state's laws and your doctor's policy, you could have a limited amount of time to request medical documents from healthcare providers. This is the reason you should speak with your lawyer as soon as you can following an accident. Health Information Portability and Accountability Act, or HIPAA is a law that protects your right to access these documents. However, this does not mean that you or your lawyer are the only ones who are able to examine your medical records. Insurance companies constantly look for evidence that suggests your injuries might not be as severe as you think or pre-existing.

Your lawyer will utilize the medical records that you supply to write an order letter that will include evidence to support the damages you seek. Your lawyer should only give the relevant medical documents to your insurance company. They might ask you to authorize them to access your entire medical record. This is not the best option for your claim because it could reveal previous injuries that are not connected to the claim.

Police Reports

Police reports are generated each time a law enforcement officer responds to an emergency and also car accidents. While they cannot be used in a court 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 assessment of what transpired in the crash, based on witness testimony and observations by the officer regarding the damage to the vehicles as well as weather conditions, drivers and more. It's a vital piece of evidence which can help you win an auto accident lawsuit.

Usually you can request a copy of your police report from the precinct which was responsible for the investigation by calling their non-emergency phone number and providing a receipt or incident number to identify the report. You can request copies of your police report through the department's website.

You'll have to file a suit against the driver who was at fault when your medical bills, lost wages, and property damage exceed a certain value. 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. A lot of cases are settled without going to trial. It can take time to complete the steps before trial and your case could not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all of the information they need from you and the investigation into the accident is complete, they will offer a settlement offer. To create their initial offer, they will enter all the details and facts into a computer program. They'll probably produce a number that is much lower than the one you calculated based on your investigation. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They'll want to reduce the amount they'll need pay for your medical bills and other damages. You can counter by highlighting all the ways your injuries will negatively impact your life going forward. For instance, you can point to your mounting medical bills, the loss of earning potential, and the emotional and physical pain you're suffering.

You or your attorney will prepare an order letter and present it to an insurance company. The letter should contain all the evidence you've collected, including witness statements and photos of your injuries. You should also make a list of non-negotiables to stop the insurance company from undervaluing your claim. When an agreement is reached the agreement will be recorded in an agreement for settlement in writing. Negotiations can be a back and forth affair, but remaining patient will help you achieve a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, in which the parties exchange information and evidence. Parties can request medical records and police reports, and witness statements. The parties may also trade interrogatories, which are written questions which must be answered under oath within a certain time. Your attorney will also document the severity of the physical psychological, emotional, and physical injuries you have suffered, and any other damages that could be sought, like future and current medical expenses as well as property damage and lost wages.

Your lawyer will also talk with experts such as medical specialists as well as mechanics and engineers. They will help paint a a vivid picture of your crash and the extent of your injuries to the jury.

Your lawyer will then begin negotiations with insurance companies in order to settle your case without trial. However, if the insurance company offers you a low settlement or does not take your injuries and other damages into consideration the case could be heard at trial.

It is crucial that victims file a lawsuit promptly, even if only a handful of cases make it to court. Memory fades, witnesses pass away, and evidence can be lost over time and make it difficult to present a convincing case to get the maximum amount of compensation. You must also adhere to your state's statute of limitations which can range between 1 and 6 years.