Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages could be significant after an auto accident. A knowledgeable attorney can help you receive the compensation you need.

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

Medical Records

Medical records are an essential element in any auto accident lawsuit. They will assist the judge or jury comprehend how the accident affected your life, including the physical, emotional and financial burdens of your injuries. Medical records will also reveal an account that insurance companies will have a difficult to argue.

You may only have a specific amount of time, based on the laws in your state and the policy of your doctor to request medical records. This is the reason you should speak with your lawyer whenever you can after an accident. The law provides access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your attorney can examine your medical records. Insurance companies are always looking for anything that could indicate your injuries might not be the severity you claim or pre-existing.

Your lawyer will utilize your medical records to draft a demand letter, that will include evidence to support the damages you seek. It is crucial that your lawyer only provides relevant medical records to the insurance company, as they may request you to sign a medical authorization that allows them to access all of your medical records. This is not in the best interest of your claim since it could reveal injuries from the past that are not related to the claim.

Police Reports

Every time a police officer responds to a call for assistance, or an accident, he or she produces a report. Even though they aren't admissible in court (they are deemed to be hearsay) however, they provide important information to attorneys when investigating an accident and creating an argument.

A police report gives an impartial account of the accident that is based on the witness testimony of the officer and his observations regarding the weather conditions, drivers, and other aspects. It is a crucial piece of evidence that could aid in winning an auto accident law firm accident lawsuit.

You can usually request a copy of the records from the police precinct that handled the investigation. Call their non-emergency phone number and provide the receipt or incident number as identification. The police department may have a website where you can request copies of your records online.

After your medical expenses or property damage, as well as lost wages are at an amount that is a certain amount, you'll need to start a lawsuit against the driver who is at fault. The police report can prove to be a helpful tool during settlement negotiations, particularly in cases where you can show that the other driver was at fault based on the officer's observations. A lot of cases are settled without going to trial. It could take a long time to go through the pre-trial process and your case could not be resolved for a long time.

Insurance Company Negotiations

Once the adjuster has all the information they need from you and your car accident investigation, he'll make a settlement offer. In order to create their first offer, they will enter all the information and details into a computer program. Most likely, they will arrive at a smaller number than what you estimated based on 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 reduce the amount they'll have to pay for medical expenses and other damages. You can fight back by highlighting the ways in which your injuries will impact your life going forward. For instance, you could mention your increasing medical bills and the loss of earning potential, as well as the mental and physical suffering you're feeling.

You or your attorney will create a letter of demand and submit it to an insurer. This will include all the evidence you have collected, including statements from witnesses, photographs of your injuries, and any documents that support your losses. You will also create an outline of the things you will not negotiate to stop the insurance company from undervaluing your claim. After an agreement has been reached the settlement agreement written will reflect it. It's normal for a back and forth to occur during these negotiations, Auto Accident but remaining patient will help you achieve a fair settlement.

Legal Advice

The next phase in the car lawsuit involving an accident is discovery, in which the parties exchange information and evidence. The parties can request medical documents, police reports or witness statements. They will also provide any additional interrogatories (written questions that need to be answered under oath by the end of a specified time). Additionally, your attorney will document the extent of your physical, emotional and psychological injuries as well as the other damages you could seek to compensate for such as current and anticipated future medical costs, property damage, and lost wages.

Your lawyer will also talk with experts such as medical professionals mechanics, engineers and mechanics. These experts will help paint a the vivid picture of your crash and the injuries you sustained for the jury.

Finally, your attorney will begin negotiations with insurance companies in order to attempt to settle your claim without trial. However, if the insurance company offers you a low settlement or does not take your injury and other damages into account the case could progress to trial.

While only a few cases go to trial, it is important for victims to file a lawsuit as soon as possible. Memories fade, witnesses die and evidence can disappear over time making it more difficult to make a strong argument for the most compensation. It is also important to adhere to your state's statute of limitations which can vary between 1 and 6 years.