Phases of an Auto Accident Lawsuit

Property damage, medical bills, and lost wages can be substantial after an accident. An experienced attorney can assist you in receiving the amount of compensation you deserve.

The process may differ from case-to-case, but usually begins with the filing of the complaint. This is followed by the discovery phase along with any appeals.

Medical Records

Medical records are an important part of any auto accident lawsuit. They will help jurors or judges understand the impact of the injury on your life. This includes the emotional, financial physical, and emotional expenses. Insurance companies will be unable to argue with the information provided by medical records.

You might only have a particular amount of time, contingent on the laws in your state and the guidelines of your physician, to request medical records. This is why you should discuss your legal needs as soon as you can after an accident. 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 lawyer are able to see your medical records. Insurance companies are always looking for evidence that could indicate your injuries may not be as severe as you think or that you have a pre-existing condition.

Your lawyer will use your medical records in order to draft a demand letter, that will include evidence to justify the damages you're seeking. It is crucial that your lawyer only provide relevant medical records to the insurance company since they might ask you to sign an authorization that allows them to access all of 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.

Reports of the Police

When a police officer responds to a request for help, such as an accident, he or she prepares a police report. Although they aren't admissible in a court of law (they are deemed to be hearsay), they provide valuable information to attorneys in the process of investigating and preparing cases.

A police report gives an independent account of the crash, based on the witness' testimony and the officer's observations of the weather conditions, drivers, and other factors. It is an important evidence that can aid you in winning an auto accident lawsuits accident lawsuit.

You can usually request a copy from the precinct who handled the investigation. Call their non-emergency phone number and provide a receipt or an incident number to prove your identity. You can request copies of the report through the website of the police department.

You'll have to file a suit against the driver who was at fault when your medical bills, lost wages, and damages to property reach an amount. The police report can be an effective tool in settlement negotiations, especially if you can prove that the other driver was at fault, based on an officer's observations. Many cases end up reaching a settlement without ever going to trial. It could take a long time to go through the pre-trial procedures and your case might not be resolved for a long time.

Insurance Company Negotiations

After the adjuster has all the details they require from you and your car accident investigation, he'll make an offer for settlement. They will put all the facts and details into a software program to make their initial offer. Most likely, they will arrive at a less than the amount you calculated based on your investigation. When insurance companies offer settlement offers, they have their own financial interests in their minds.

They'll seek to limit the amount they pay in medical bills and other damages. You can fight back when you highlight the way your injuries will impact your life in the future. For instance, you could point to your mounting medical bills, your decreased earning capacity and the emotional and physical pain you're experiencing.

Your lawyer or attorney will then prepare a demand letter and present it to the insurance company. The letter should contain all of the evidence that you've collected, including witness statements and photos of your injuries. You will also create a list of non-negotiables to keep the insurance company from undervaluing your claim. Once you have reached an agreement the agreement will be recorded in the form of a written settlement agreement. Negotiations often involve back and forth affair, but remaining patient will help you achieve a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which both parties exchange information and evidence. Parties can seek medical records, police reports and witness statements. They can also send any additional interrogatories (written questions that need to be answered under oath by the expiration of a specific time). Additionally, your attorney will document the extent of your physical emotional and mental injuries in addition to the other damages you might 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 experts mechanics, engineers, and mechanics. These experts will aid in painting a a vivid image of the accident and your injuries for the jury.

Finally, your attorney will begin negotiations with insurance companies to attempt to settle your claim without trial. If the insurance company offers you a small settlement or fails to take your injuries and other damages into account your case is likely to proceed to trial.

Although few cases actually get to trial, it is vital for the victims to start a lawsuit as quickly as they can. The memories fade, witnesses disappear and evidence may be lost over time and make it difficult to build a strong case to get the maximum amount of compensation. You must also adhere to your state's statute of limitations which can vary from 1 to 6 years.