Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages may be significant following an auto accident. An experienced lawyer can assist you in receiving the justice you deserve.

The procedure is different from case to case, however, generally it starts with filing a complaint. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an important element in any auto accident lawsuit. They will aid a jury or judge determine how the accident has impacted your life, including the emotional, physical and financial costs of your injuries. Insurance companies will find it difficult to challenge the narrative told by medical records.

Depending on your state's laws and the policy of your doctor In some states, you'll have a limited amount of time to request medical documents from healthcare providers. This is the reason why you should contact your lawyer immediately after an accident. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these medical records. However, this doesn't mean that only you or your lawyer can see your medical records. Insurance companies are generally keen to discover anything that may suggest that your injuries were pre-existing or not so severe as you say.

Your lawyer will use your medical records in order to draft a demand letter, that will include evidence to justify the damages you are seeking. Your lawyer should only provide the relevant medical records to your insurance company. They may ask you to authorize them to access your entire medical record. This is not in your best interests since it could expose past injuries that aren't directly related to the present claim.

Reports of the Police

Every time a police official responds to a request for help, which could include an accident, he or she makes a police report. Although they're not admissible in court (they are considered hearsay) They can provide invaluable information to attorneys investigating an accident and preparing a case.

A police report is an objective assessment of what happened during the crash, based upon witness testimony and observations by the officer regarding the damage to the vehicle, weather conditions, drivers and more. It's an important evidence that can assist you in winning an auto accident lawsuit.

You can typically request a copy from the police precinct that handled the investigation. Call their emergency line and provide a receipt or an incident number for identification. The police department might also have a website where you can request copies of your records online.

You'll need to file a lawsuit against the driver who was at fault after your medical expenses, lost wages, and property damage reach a certain value. The police report can be a valuable tool in settlement negotiations, particularly if you can prove the other driver's negligence in the light of observations made by the officer. But, many cases settle an agreement without going to trial. It can take a while to work through the pre-trial steps and your case might not be resolved for a long time.

Insurance Company Negotiations

When the adjuster has all of the information they need from you and auto Accident your car accident investigation, they'll make an offer of settlement. To make their first offer, they'll enter all the details and facts into a computer program. They will most likely come up with a number that is much lower than the one you calculated from your investigation. When insurance companies make settlement offers, they have their own financial interests in mind.

They will wish to limit the amount they have to pay in medical bills and other damages. You are able to fight back if you mention how your injuries will impact your life in the coming years. For instance, you can refer to your rising medical bills, your lost earning potential, and the emotional and physical pain that you're currently experiencing.

You or your lawyer will then prepare a demand letter and submit it to the insurer. This letter will include all the evidence you've gathered, including witness statements and photos of your injuries. You'll also make an outline of the items you cannot negotiate, so you can keep the insurance company from under-pricing you. Once an agreement is reached the agreement will be recorded in the form of a written settlement agreement. It's common for a back-and-forth to occur during the negotiation process, but remaining calm will allow you to reach an acceptable settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which the parties exchange information and evidence. Parties can seek medical documents, police reports or witness statements. They will also provide another interrogatories (written questions that have to be answered under oath by the deadline). In addition your lawyer will record the extent of your physical emotional and mental injuries and any other damages you may seek to compensate for, including existing and auto accident projected future medical expenses, property damage and lost wages.

Your lawyer will speak with other experts, including mechanics, medical experts, and engineers. These experts can help the jury to get a clear picture of your accident and injuries.

Finally, your attorney will begin negotiations with insurance companies to try to resolve your claim without trial. If the insurance company doesn't offer a fair settlement, or does not consider your injuries and other damages your case is likely to go to trial.

It is important that victims file a lawsuit as soon as possible, even though few cases get to court. With time, memories fade, witnesses pass away, and evidence disappears which makes it more difficult to file a convincing claim for maximum compensation. Plus, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.