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Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages can be significant following an auto accident. A knowledgeable attorney can assist you in receiving the amount you are due.

The process may differ from case to case, but generally it starts with the filing of the complaint. This is followed by the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an essential element in any auto accident lawsuit. They can help the judge or jury determine how the accident has impacted your life, including the emotional, physical and financial burdens of your injuries. Insurance companies will be unable to challenge the narrative told by medical records.

You might only have a particular period of time, based on the laws of your state and the policies of your doctor to obtain medical records. You should speak with your lawyer as soon after an accident as you can. The law provides access to these records through the Health Information Portability and Accountability Act (HIPAA). This doesn't mean you or your lawyer are the only ones able to view your medical records. Insurance companies are often keen to uncover anything that could indicate that your injuries were not pre-existing or not so severe as you say.

Your lawyer will utilize your medical records to prepare a demand letter which will contain evidence to justify the damages you seek. Your lawyer should only supply the relevant medical records to your insurance company. They may ask you to grant them permission to access your complete medical record. This is not in the best interest of your claim because it could reveal previous injuries that are not connected to this claim.

Reports of Police

When a police officer responds to a call for help, such as an accident, he produces a report. While they cannot be used in a court of law (they are considered to be hearsay), they provide valuable information for attorneys when researching and preparing cases.

A police report provides an objective account of what transpired in the accident, based on witness statements and the officer's observations about the vehicle's damage and weather conditions, drivers and more. It's a vital piece of evidence that could aid you in winning an auto accident lawsuit.

Typically you can request a copy your police report from the precinct that was responsible for the investigation by calling their non-emergency phone number and providing an incident or receipt to identify the report. The police department might have a website where you can request copies of records online.

After your medical expenses, property damage and lost wages are at a certain amount, you'll have to bring a lawsuit against the driver at fault. The police report can be an effective tool during settlement negotiations, especially in cases where you can show that the other driver was largely at blame based on the officer's observations. In many cases, however, the parties reach settlements without ever going to trial. The pre-trial process can be long and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

Once an adjuster has all of the information they require from you and the car accident investigation is complete, they will offer a settlement offer. They will input all the information and facts into a software program to generate their initial offer. They'll probably arrive at a figure that's much lower than what you calculated from your study. It's important to remember that insurance companies have their own financial interest in mind when they decide on settlement offers.

They'll want to reduce the amount they have to pay for medical bills and other damage. You can counter by highlighting all the ways your injuries will impact your life in the coming years. For instance, you could you can highlight the mounting medical bills, your diminished earnings potential, as well as the physical and mental suffering you are experiencing.

You or your lawyer will then prepare a demand letter and then present it to the insurer. This will include all the evidence you have gathered including witness statements, photographs of your injuries as well as any documents supporting your losses. Also, you'll make an outline of your non-negotiables so you can prevent the insurance company from negotiating with you. After an agreement has been reached the written settlement agreement will reflect it. Negotiations can be a back and forth process, but remaining patient will assist you in negotiating a fair settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery, in which both sides exchange information and evidence. Parties can require medical records or police reports, as well as witness statements. The parties can also exchange interrogatories that are written questions that must be answered on the oath within a specified time. Your attorney will also record the severity of physical psychological, emotional, auto accident and physical injuries you've suffered, in addition to any other damages that could be sought, including current and projected medical expenses, property damage, and lost wages.

Your lawyer will also speak with experts like medical specialists mechanics, engineers and mechanics. These experts will help paint a vivid image of your crash and the extent of your injuries to the jury.

Your lawyer will then begin discussions with insurance companies to resolve your case with no trial. If the insurance company doesn't provide you with an equitable settlement or does not consider your injuries and other damages, your case is likely to go to trial.

Although a small percentage of cases get to trial, it is crucial for victims to start a lawsuit as quickly as is possible. With time memories fade, witnesses pass away, and evidence disappears and it becomes more difficult to file a convincing claim to receive the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which can be anywhere from one to six years.