Phases of an Auto Accident Lawsuit

Car accident injuries can result in substantial medical bills, property damage and lost wages. A knowledgeable attorney can help you receive the compensation you need.

The procedure can differ depending on the case, but generally it starts with the filing of an action. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an essential element of any auto accident lawsuit. They will assist a jury or judge determine how the accident has impacted your life, including the physical, emotional and financial burdens of your injuries. Insurance companies will have a hard time to challenge the narrative told by medical records.

Depending on your state's laws and the policy of your doctor depending on your state's laws and your doctor's policy, you could have only a short amount of time to request medical documents from healthcare providers. This is the reason why you should speak with your lawyer immediately after an accident. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these records. This does not mean you or your lawyer are the only ones who can access your medical records. Insurance companies are usually keen to uncover anything that could indicate that your injuries were not pre-existing or not as severe as you claim.

Your lawyer will use the medical information you provide to prepare the letter of demand, which will include evidence to support the damages you are seeking. It is imperative that your lawyer only provides relevant medical records to the insurance company since they might ask you to sign an authorization that allows them to access all of your medical records. This is not in your best interest since it could expose past injuries that aren't directly related to the current claim.

Reports of the Police

Each time a police officer responds to a request for help, such as an accident, he or she produces a report. Although they cannot be admitted in the courts of law (they are deemed to be hearsay), they provide valuable information for attorneys when researching and preparing cases.

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

Usually, you can request a copy of your police report from the local police department that was responsible for the investigation by calling their emergency number and providing the receipt or incident number to identify it. You can request copies of the report on the police department's website.

When your medical bills or property damage, as well as lost wages are at an amount you can afford, you will need to make a claim against the driver at fault. The police report is an essential tool in settlement negotiations, particularly when you can prove the other driver's negligence in the light of observations made by the officer. A lot of cases are settled without going to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until a year after filing it.

Insurance Company Negotiations

Once an adjuster has all of the information they need from you and the investigation of the car accident and investigation, they will make a settlement offer. They will put all the facts and details into a program that will create their initial offer. They'll most likely come up with a number that's much lower than what you calculated from your research. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.

They will be looking to reduce the amount they pay in medical bills and other damages. You can counter by highlighting the many ways that your injuries will impact your life in the near future. For example, you can highlight your growing medical bills, your lost earning capacity and the emotional and physical pain that you're currently experiencing.

Your lawyer or you will create a demand letter and then present it to the insurer. This letter should include all of the evidence that you've collected, including witnesses' statements and photographs of your injuries. Additionally, you should create an inventory of non-negotiables in order to stop the insurance company from undervaluing your claim. Once you have reached an agreement and ratified, it will be included in an agreement to settle in writing. Negotiations are often a back and forth, but being patient can assist you in negotiating an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which the parties exchange information and evidence. Parties can require medical records or police reports and witness statements. The parties will also exchange interrogatories that are written questions which have to be answered on oath within a certain time. In addition the attorney will also document the extent of your physical emotional and mental injuries and the additional damages you might seek to compensate for in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will confer with other experts, such as mechanics, medical specialists, and engineers. They will help paint a an accurate image of the accident and your injuries for the jury.

Your attorney will then start negotiations with the insurance companies to settle your case without trial. If the insurance company does not offer you a fair settlement or doesn't take into consideration your injuries or other damages, your case will likely be heard in court.

It is crucial that victims file a lawsuit promptly, even if only a handful of cases make it to court. The memories fade, witnesses pass away, and evidence can be lost as time passes making it more difficult to present a convincing argument for the most compensation. Additionally, you must comply with the statute of limitations in your state, which could range from 1 to 6 years.