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Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages can be substantial following an accident in the car. An experienced attorney can assist you in obtaining the financial amount you are due.

The process can vary depending on the case, but generally it begins with the filing of a complaint. Then follows the discovery phase along with any appeals.

Medical Records

Medical records are an essential element in any auto accident lawsuits accident lawsuit. They can assist jurors or judges know the effects of the injury on your life. This includes the emotional, financial, and physical costs. Medical records will also tell an insurance company a story they will have a hard to argue.

You might only have a particular period 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 consult with a lawyer as soon as you can following an accident. The law protects your 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 to view your medical records. Insurance companies are generally keen to find anything that might suggest your injuries were pre-existing or not as severe as you claim.

Your lawyer will utilize the medical records you provide to draft the letter of demand that includes evidence to justify the damages you seek. Your lawyer must only provide the relevant medical records to your insurance company. They might ask you to grant them permission to access your entire medical record. This is not the best option for your claim, as it could reveal injuries from the past that are not related to the claim.

Police Reports

Police reports are produced each time a police officer responds to an emergency call and also car accidents. Although they aren't admissible in a court of law (they are considered to be hearsay), they provide valuable information to attorneys when they are conducting investigations and preparing cases.

A police report is an objective view of what happened during the crash, based on witness testimony and observations by the officer about the vehicle's damage, weather conditions, drivers, and so on. It's an important piece of evidence that can aid in winning an auto accident lawsuit.

Usually you can request a copy of your police report from the police station that handled the investigation by calling their non-emergency phone number and providing the receipt or incident number to identify it. You can request copies of the report through the police department's website.

After your medical expenses as well as property damage and lost wages exceed a certain amount, you'll need to make a claim against the driver at fault. The police report can be an essential tool in settlement negotiations, especially in cases where you can prove other driver's fault based on observations made by the officer. Many cases end up reaching an agreement without ever going to trial. It can take a while to work through the pre-trial process and your lawsuit might not be resolved for a long time.

Insurance Company Negotiations

After the adjuster has all of the information he needs from you and your automobile accident investigation, they will make an offer of settlement. They will enter all the facts and details into a software program to create their initial offer. They'll most likely come up with a number which is significantly lower than the number you calculated from your investigation. When insurance companies offer 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 highlighting all the ways that your injuries will impact your life in the future. For instance, you can you can highlight the mounting medical bills and lost earning potential, as well as the mental and physical pain you're experiencing.

You or your lawyer will then draft a demand letter and then present it to the insurance company. This letter will include all the evidence you've gathered, including witness statements and photos of your injuries. Also, you will create a list of non-negotiables to keep the insurance company from undervaluing your claim. Once an agreement has been reached and the written settlement contract will reflect it. It's not uncommon for back-and-forth to take place during these negotiations, but remaining patient will help you achieve an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. Parties may request medical records and police reports and witness statements. The parties may also exchange interrogatories that are written questions which must be answered under oath within a certain time. In addition your lawyer will record the extent of your physical emotional and mental injuries and the additional damages that you could seek compensation for that are incurred, such as future medical expenses, property damage and lost wages.

Your lawyer will also consult with experts, such as medical experts as well as mechanics and engineers. These experts can assist the jury to get an accurate picture of your injuries and the accident.

Your attorney will then start discussions with the insurance companies to resolve your case with no trial. If the insurance company is willing to offer you a low settlement or does not take your injury and other damages into account, your case will likely proceed to trial.

It is crucial that victims file a suit as soon as they can even though very few cases make it to the courtroom. With time memories fade, witnesses pass away, and evidence disappears and it becomes more difficult to establish a solid claim for maximum compensation. It is also important to adhere to the statute of limitations for your state that can range from 1 to 6 years.