Phases of an Auto Accident Lawsuit

Injuries from car crashes could result in significant medical bills as well as property damage and loss of wages. An experienced attorney can help you get the compensation you require.

The process can vary depending on the case, but generally it starts with the filing of an accusation. This is followed by the discovery phase trial, and any appeals.

Medical Records

Medical records are an important part of any auto accident attorneys accident lawsuit. They will assist a jury or judge know how the injury impacted your life, including the emotional, physical and financial consequences of your injuries. Medical records will also reveal an account that insurance companies will have a hard time disputing.

Depending on your state's laws and the policies of your doctor In some states, you'll have the time to request medical records from your healthcare provider. You should speak with your lawyer as soon after an accident as you can. The law protects your access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your lawyer can access your medical records. Insurance companies will often try to discover anything that may suggest that your injuries are pre-existing or not so severe as you say.

Your lawyer will utilize the medical records you provide to create a letter of demand that will include evidence supporting the damages you seek. It is imperative that your lawyer only provides relevant medical documents to the insurance company as they may request you to sign a medical authorization that permits them to access all your medical records. This is not in your best interests since it could reveal previous injuries that aren't directly related to the current claim.

Police Reports

Police reports are generated each time a police officer responds to an emergency call and also car accidents. Although they cannot be admitted in the courts of law (they are considered to be hearsay) they are valuable information for attorneys when investigating and preparing their cases.

A police report offers an independent account of the crash, based on the witness' testimony as well as the officer's observations of the weather conditions, the drivers, and other elements. It is an important evidence that can help you win an auto accident lawsuit.

You can usually request a copy from the precinct who handled the investigation. Call their emergency line and provide an original receipt or an incident number as identification. The police department may have a website on which you can request copies online.

If your medical bills or property damage, as well as lost wages reach an amount you can afford, you'll need to make a claim against the driver at fault. The police report is an effective tool for settlement negotiations, especially if you can prove the other driver's responsibility from the evidence provided by the officer. Many cases end up reaching settlements without ever going to trial. The pre-trial process can be long and your case may not be resolved until a year after you file it.

Insurance Company Negotiations

After the adjuster has all of the information they require from you and your car accident investigation, they'll make an offer for settlement. In order to create their first offer, they will enter all the information and details into an online program. They'll probably produce a number which is lower than what you calculated from your research. When insurance companies make settlement offers, they have their own financial interest in the back of their heads.

They'll want to limit how much they are required to pay for medical bills and other damages. You can fight back by pointing out the ways in which your injuries will impact your life in the future. For instance, you can highlight your growing medical bills, the loss of earning potential, and the physical and emotional suffering you're going through.

Your lawyer or you prepare a demand form and then present it to the insurance company. This letter should include all the evidence you've collected, including witnesses' statements and photographs of your injuries. You'll also make an outline of your non-negotiables to ensure you can stop the insurance company from lowballing you. Once an agreement is reached and ratified, it will be included in an agreement to settle in writing. Negotiations are often a back and forth, however staying patient will aid in achieving a fair settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery, in which both sides exchange information as well as evidence. Parties may request medical records and police reports, and witness statements. They can also send each other interrogatories (written questions that have to be answered under oath by expiration of a specific time). Your attorney will also write down the extent of the physical, emotional, and 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 along with property damage, lost wages.

Your lawyer will talk to other experts like mechanics, medical professionals and engineers. These experts will help paint a the vivid image of your crash and your injuries for the jury.

Your attorney will then begin negotiations with the insurance companies to resolve your case without trial. If the insurance company does not offer you an equitable settlement or does not take into account your injuries and other damages, your case is likely to go to trial.

It is essential that victims file a suit as soon as they can even though very few cases will ever make it to the courtroom. As time passes, memories fade, witnesses pass away, and evidence disappears and makes it harder to file a convincing claim for the most compensation. Furthermore, you have to comply with the statute of limitations in your state, which could range from 1 to 6 years.