Phases of an Auto Accident Lawsuit

Car accident injuries could result in significant medical bills, property damage, and even lost wages. An experienced lawyer can assist you in obtaining the compensation you deserve.

The procedure is different depending on the case, however, generally it starts with filing an action. Then follows the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential component of any auto accident lawyer accident lawsuit. They will help the judge or jury know how the injury affected your life, as well as the physical, emotional and financial consequences of your injuries. Insurance companies will be unable to refute the story portrayed by medical records.

You may only have a specific amount of time, based on the laws in your state and the policy of your doctor, to obtain medical records. This is the reason why you should discuss your legal needs immediately following an accident. The law guarantees access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer will be able to access your medical records. Insurance companies are always looking for evidence that might suggest your injuries might not be as severe as you think or have a pre-existing condition.

Your lawyer will make use of your medical records to prepare a demand letter which will include evidence to justify the damages you seek. Your lawyer should only supply the relevant medical documents to your insurance company. They might ask you to authorize them to access your entire medical record. This is not in your best interest since it could reveal previous injuries that aren't connected to the present claim.

Police Reports

Every time a police official responds to a call for help, such as an accident, he makes a police report. While they cannot be used in a court of law (they are deemed to be hearsay) they are valuable information to attorneys when they are conducting investigations and preparing cases.

A police report is an objective view of what transpired in the crash, based on witness testimonies and the officer's observations regarding the damage to the vehicles as well as weather conditions, drivers, and so on. It's a vital piece of evidence that could help you win an auto accident lawsuit.

Typically you can request a copy of your police report from the precinct that was responsible for the investigation by calling their emergency number and supplying the receipt or incident number to identify the report. You can also request copies of records through the website of the police department.

You will need to file a lawsuit against the driver who was at fault once your medical bills, lost wages, and property damage exceed a certain value. The police report can be a valuable tool in settlement negotiations, particularly if you can prove 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. It could take a long time to work through the pre-trial steps and your case might not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the details they need from you and the investigation into the car accident, auto accident lawsuit they will extend an offer for settlement. They will put all the information and facts into a program that will generate their initial offer. Most likely, they'll produce a significantly smaller amount than you anticipated based on your investigation. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to limit how much they have to pay in medical bills and other damages. You can fight back by pointing out the ways in which your injuries will negatively impact your life in the coming years. For instance, you could draw attention to your increasing medical bills, your decreased earning potential, and the physical and emotional suffering you're going through.

You or your attorney will then draft an official demand letter and present it to an insurance company. It will contain all the evidence you've gathered including witness statements, photographs of your injuries, as well as evidence to support your losses. Also, you will create a list of non-negotiables to keep the insurance company from undervaluing your claim. Once an agreement is reached the written settlement agreement will reflect it. Negotiations are usually back and forth, however remaining patient will help you achieve a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. Parties may seek medical records and police reports and witness statements. They will also provide each other interrogatories (written questions that need to be answered under oath by end of a specified time). In addition, your attorney will document the extent of your physical emotional and mental injuries as well as the other damages that you could seek to compensate for in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will also consult with experts like medical specialists mechanics, engineers and mechanics. These experts can help the jury to get a clear picture of your accident and injuries.

Then, your lawyer will begin negotiations with insurance companies to attempt to resolve your claim without trial. However, if the insurance company is willing to offer you a small settlement or fails to take your injuries and other damages into consideration the case will be heard at trial.

It is important that victims file a lawsuit immediately, even though few cases are heard in court. Memories fade, witnesses can pass away, and evidence can be lost over time and it becomes difficult to establish a compelling case to get the maximum amount of compensation. Additionally, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.