Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages may be significant after a car accident. An experienced lawyer can assist you receive the compensation that you need.

The procedure varies from case to case, however, generally it starts with filing an action. Then comes the discovery phase along with any appeals.

Medical Records

Medical records are an essential component of any auto accident lawsuit. They can assist a judge or jury comprehend the impact of the accident on your life. This includes the emotional, financial physical and emotional costs. Insurance companies will find it difficult to argue with the information provided by medical records.

Based on the laws of your state and your doctor's guidelines, you may have a limited amount of time to request medical documents from healthcare providers. This is the reason why you should discuss your legal needs whenever you can following an accident. The law provides access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your lawyer will be able to access your medical records. Insurance companies will often try to discover anything that may indicate that your injuries were not pre-existing or not as severe as you claim.

Your lawyer will use your medical records to draft a demand letter, that will include evidence to support the damages you are seeking. It is imperative to ensure that your lawyer provides relevant medical records to the insurance company as they may request you to sign an authorization that allows them to access all your medical records. This is not the best option for your claim, as it could reveal past injuries not related to the claim.

Police Reports

Each time a police officer responds to a call for help, such as an accident, he prepares a police report. Although they are not admissible in a court of law (they are considered to be hearsay) they can provide valuable information for attorneys who are investigating and preparing their cases.

A police report gives an impartial account of the accident from the witness' testimony and the officer's observations regarding the weather conditions, drivers, and a variety of other factors. It is a crucial evidence that can help you win an auto accident attorney accident lawsuit.

You can typically request a copy of the records from the precinct responsible for the investigation. Call their non-emergency phone number and provide an invoice or an incident number to prove your identity. The police department might also have a website where you can request copies of records online.

You'll have to file a lawsuit against the person who caused the accident after your medical expenses along with lost wages and property damage have reached an amount. The police report can be an important tool in settlement negotiations, especially when you can establish the other driver's negligence in the light of observations made by the officer. Many cases are settled without having to go 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

Once an adjuster has all the data they need from you and the car accident investigation, they will extend an offer of settlement. To create their initial offer, they will enter all the information and details into an online program. They'll likely come up with a number that's much lower than what you calculated based on your research. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They will be looking to reduce the amount they will have to pay for medical bills and other damages. You can counter by pointing out the ways in which your injuries will impact your life in the future. You could, for instance you can highlight the mounting medical bills, your diminished earning potential, as in the mental and physical suffering you're feeling.

Your attorney or you will prepare an official demand letter and submit it to an insurance company. The letter should contain all of the evidence that you've collected, including witnesses' statements and photographs of your injuries. You should also make an outline of the things you will not negotiate to stop the insurance company from undervaluing your claim. Once an agreement has been reached the written settlement agreement will reflect it. Negotiations are usually back and forth, but perseverance 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. The parties may seek medical records, police reports and witness statements. The parties can also exchange interrogatories, which are written questions which have to be answered on oath within a certain time. Your attorney will also record the extent of physical psychological, emotional, and physical injuries you have suffered, as well as any other damages that might be sought out, such as current and projected medical expenses along with property damage, lost wages.

Your lawyer will also speak with experts, such as medical experts, mechanics and engineers. These experts can assist the jury get clear information about your injuries and the accident.

Your lawyer will then begin discussions with insurance companies to settle your case without a trial. However, if the insurance company provides you with a low settlement or does not take your injury and other damages into account the case could be heard at trial.

It is important that victims file a lawsuit promptly, even though few cases are heard in court. Memories fade, witnesses pass away, and evidence can be lost in time making it more difficult to establish a compelling argument for the most compensation. You must also adhere to the statute of limitations in your state which can range from 1 to 6 year.