Phases of an Auto Accident Lawsuit

Damage to property, medical bills, and lost wages can be substantial following an auto accident. An experienced attorney can help you receive the compensation you need.

The process can vary from case to case but generally it begins with the filing of the complaint. This is followed by the discovery phase trial, and any appeals.

Medical Records

Medical records are an important component of any auto accident lawsuit. They can help jurors or judges to determine the impact of the accident on your life. This includes the emotional, financial physical, and emotional expenses. Insurance companies will find it difficult to refute the story portrayed by medical records.

You may only have a certain period of time, based on the laws in your state and the policy of your doctor to request 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). However, this does not mean that only you or your attorney can examine your medical records. Insurance companies will often try to uncover anything that could suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will use the medical information you provide to create the letter of demand that will include evidence to support the damages you want. Your lawyer should only give the relevant medical records to your insurance company. They might request you to allow them to access your complete medical record. This is not in your best interests as it could reveal past injuries that are not 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 creates a police report. Even though they aren't admissible in court (they are deemed to be hearsay) they can provide valuable information to attorneys when investigating an accident and creating cases.

A police report is an objective view of what happened in the accident, auto Accident Lawsuit based on witness statements and observations about the vehicles' damage the weather, the drivers, and so on. It's an important piece of evidence which can aid you in winning an auto accident lawsuit.

Typically you can request a copy of your police report from the local police department that was responsible for the investigation by calling their non-emergency line and supplying an invoice or incident number to identify it. You can request copies of the report on the police department's website.

After your medical expenses and property damage as well as lost wages exceed an amount that is a certain amount, you'll need to make a claim against the driver who is at fault. The police report is an important tool in settlement negotiations, especially if you can prove the other driver's negligence through the observations of the officer. Many cases are settled without having to go to trial. The pre-trial process can be long and your case may not be resolved until a year after filing it.

Insurance Company Negotiations

Once an adjuster has all the data they require from you as well as the investigation of the car accident, auto accident lawsuit they will extend an offer for settlement. They will input all the facts and details into a software program to create their initial offer. Most likely, they'll arrive at a smaller amount than you anticipated using your investigation. When insurance companies offer settlement offers, they've got their own financial interests in mind.

They will seek to limit the amount they have to pay in medical bills and other damages. You can fight back by pointing out all the ways your injuries could affect your life in the future. For instance, you can draw attention to your increasing medical bills, your decreased earnings capacity and the physical and emotional suffering that you're currently experiencing.

Your attorney or you will prepare the letter of demand and present it to an insurer. The letter should include all of the evidence that you've gathered such as witnesses' statements and photographs of your injuries. You'll also make a list of your non-negotiables to ensure you can deter the insurance company from undercutting you. Once an agreement is reached the settlement agreement written will reflect it. Negotiations can be a back and forth, however being patient can aid in achieving an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which the parties exchange information and evidence. Parties may seek medical records, police reports, and witness statements. The parties will also exchange interrogatories that are written questions which must be answered under oath within a certain time. Additionally your attorney will provide documentation of the extent of your physical, emotional and psychological injuries and any other damages that you could seek compensation for that are incurred, such as future medical costs, property damage, and lost wages.

Your lawyer will also speak with experts such as medical professionals, mechanics and engineers. These experts will aid in painting a an accurate picture of the crash and the extent of your injuries to the jury.

Your attorney will then begin negotiations with the insurance companies in order to settle your case without trial. However, if the insurance company provides you with a low settlement or fails to take your injuries and other damages into consideration your case is likely to proceed to trial.

It is crucial that victims file a lawsuit immediately, even though few cases will ever make it to the courtroom. The memories fade, witnesses disappear and evidence may be lost over time making it more difficult to present a convincing case to get the maximum amount of compensation. You must also adhere to the statute of limitations for your state which can vary from 1 to 6 years.