Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages can be substantial following an accident in the car. An experienced attorney can assist you in obtaining the financial justice you deserve.

The process may differ from case-to-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 part of any auto accident lawsuit. They can help the judge or jury to know how the injury affected your life, including the physical, emotional and financial consequences of your injuries. Insurance companies will have a hard time to challenge the narrative told by medical records.

You might only have a limited amount of time, depending on the laws of your state and the guidelines of your physician, to request medical records. You should speak with your lawyer as soon after an accident as possible. Health Information Portability and Accountability Act, or HIPAA is a law that protects your right to access these documents. This does not mean you or your lawyer are the only ones able to view your medical records. Insurance companies are always looking for anything that might suggest that your injuries aren't the severity you claim or pre-existing.

Your lawyer will use the medical records you provide to prepare the letter of demand, which will include evidence supporting the damages you are seeking. It is essential to ensure that your lawyer provides relevant medical documents to the insurance company, as they may request you to sign an authorization that permits them to access all of your medical records. This is not in your best interest since it could reveal previous injuries that are not related to the current claim.

Police Reports

Police reports are prepared each time a law enforcement officer responds to an emergency call and also car accidents. Although they're not admissible in court (they are deemed to be hearsay), they do provide important information to attorneys when investigating an accident and creating cases.

A police report is an impartial account of the accident from the witness' testimony and the officer's observations of the weather conditions, the drivers, and other factors. It is an important piece of evidence that can help you win an auto accident attorneys accident lawsuit.

You can typically request a copy from the precinct that was responsible for the investigation. Call their emergency line and provide the receipt or incident number for identification. You can request copies of your police report through the department's website.

You'll have to file a suit against the person who caused the accident when your medical bills along with lost wages and property damage have reached an amount. The police report can be an effective tool during settlement negotiations, particularly in cases where you can show that the other driver was largely at blame based on the officer's observations. Many cases end up reaching settlements without ever going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until one year after you file it.

Insurance Company Negotiations

Once the adjuster has all the information they need from you and your car accident investigation, they'll make an offer of settlement. They will then input all the facts and details into a computer program to create their initial offer. They will most likely be able to come up with a figure which is significantly lower than the number you calculated based on your investigation. 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 limit the amount they'll need to pay for your medical expenses and other damage. You can counter by pointing out the ways in which your injuries will impact your life going forward. For instance, you could, point out your mounting medical bills and the loss of earning potential, as well as the physical and mental suffering you're experiencing.

You or your attorney will prepare an order letter and then present it to an insurer. The letter should include all the evidence you've gathered, 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 an agreement has been reached the settlement agreement written will reflect it. Negotiations are usually 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 the parties exchange information and evidence. Parties can request medical records, police reports and witness statements. The parties will also exchange interrogatories that are written questions that must be answered on an oath within the time limit. Additionally your lawyer will record the extent of your physical emotional and psychological injuries and any other damages that you could seek compensation for such as current and anticipated future medical expenses, property damage and lost wages.

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

Your lawyer will begin negotiations with insurance companies in order to attempt to resolve your claim without trial. If the insurance company doesn't offer you an equitable settlement or doesn't take into consideration your injuries and other losses, your case is likely to be heard in court.

While only a few cases go to trial it is essential for victims to start a lawsuit as quickly as is possible. Memories fade, witnesses can pass away, and evidence can be lost over time and make it difficult to establish a compelling case for the maximum amount of compensation. Additionally, you must comply with the statute of limitations in your state, Auto Accident Lawsuit which could vary from 1 to 6 years.