Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages could be substantial after a car accident. An experienced lawyer can help you in obtaining the compensation you deserve.

The process can vary from case-to-case, but generally it starts with the filing of an action. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are an essential element in any auto accident lawsuit. They will assist a judge or jury determine the impact of the injury on your life. This includes the emotional, financial physical and emotional costs. Medical records can also tell the story that insurance companies will have a hard time disputing.

According to the laws of your state and your doctor's policy You may be granted the time to request medical records from your healthcare provider. It is recommended to consult with your lawyer as soon after an accident as you can. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your attorney can examine your medical records. Insurance companies are always looking for evidence that suggests your injuries may not be as severe as you think or pre-existing.

Your lawyer will use the medical information that you supply to write the letter of demand that will include evidence supporting the damages you're seeking. Your lawyer should only supply the relevant medical documents to your insurance company. They might ask you to grant them permission to access your complete medical record. This is not in your best interest because it could reveal prior injuries that are not related to the current claim.

Reports of Police

Police reports are prepared each time a police officer responds to an emergency for example, car accidents. While they're not admissible in court (they are deemed to be hearsay) They can provide valuable information to attorneys investigating an incident and preparing an argument.

A police report offers an objective account of the accident that is based on the witness' testimony as well as the officer's observations regarding the weather conditions, drivers, and a variety of other factors. It's an important piece of evidence which can aid in winning an auto accident lawsuit.

You can typically request a copy from the precinct that was responsible for the investigation. Contact their non-emergency number and provide the receipt or incident number as proof of identification. You can also request copies of records through the police department's website.

You'll need to file a lawsuit against the person who caused the accident when your medical bills, lost wages, and property damage exceed an amount. 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. Many cases end up reaching an agreement without ever going to trial. It can take time to go through the pre-trial process and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the data they require from you as well as the investigation into the car accident is complete, they will offer an offer for settlement. They will then input all the information and facts into a computer program in order to generate their initial offer. Most likely, they'll make a lower number than you calculated in your research. When insurance companies make settlement offers, they have their own financial interests in mind.

They'll want to limit the amount they'll have to pay for your medical expenses and other damage. You can fight back if highlight the way your injuries will affect your life in the near future. You can, for Auto accident lawsuit example you can highlight the mounting medical bills and your lost earnings potential, as well as the physical and mental pain you're experiencing.

Your lawyer or you will then draft a demand letter and present it to the insurance company. The letter should contain all of the evidence that you have gathered including witness statements and photos of your injuries. You'll also make a list of your non-negotiables, so you can prevent the insurance company from undercutting you. When an agreement is reached and ratified, it will be included in a written settlement agreement. It's common for a back-and-forth to take place during these negotiations, but remaining patient will help you reach an equitable settlement.

Legal Advice

Discovery is the next phase 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 can also exchange interrogatories which are written inquiries which must be answered under an oath within certain times. Your attorney will also write down the extent of the physical mental, emotional, or psychological injuries you've sustained, and any other damages which could 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 also speak with experts like medical specialists mechanics, engineers, and mechanics. These experts will help paint a a vivid image of your crash and the injuries you sustained for the jury.

Your attorney will then begin discussions with the insurance companies to settle your case without a trial. However, if the insurance company is willing to offer you a small settlement or fails to take your injuries and other damages into account, your case will likely be heard at trial.

It is crucial that victims file a lawsuit immediately, even though only a few cases make it to the courtroom. Over time memories fade, witnesses pass away, and evidence disappears and makes it harder to present a compelling case for the most compensation. Additionally, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.