Phases of an Auto Accident Lawsuit

Car crash injuries can lead to significant medical bills as well as property damage and loss of wages. An experienced lawyer can help to get the compensation you need.

The process may differ from case to case, but typically, it begins with the filing of an action. Then follows the discovery phase along with any appeals.

Medical Records

Medical records are an essential component of any auto accident lawsuit. They will assist the judge or jury to determine how the accident has had an impact on your life, including the physical, emotional and financial cost of your injuries. Medical records will also reveal the story that insurance companies will have a hard to dispute.

In accordance with the laws of your state and your doctor's guidelines You may be granted only a short amount of time to request medical records from your healthcare provider. This is why it is important to consult with a lawyer as soon as you can following an accident. The law protects your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones to look over your medical records. Insurance companies are always looking for evidence that might suggest your injuries may not be as serious as you claim or have a pre-existing condition.

Your lawyer will use your medical records to prepare a demand letter which will include evidence to justify the damages you seek. It is crucial that your lawyer only send relevant medical records to the insurance company because they could ask you to sign an authorization that allows them to access all your medical records. This is not the best option for your claim, as it could reveal injuries from the past that are not related to this claim.

Reports of the Police

When a police officer responds to a call for help, including an accident, he or she creates a police report. Although they aren't admissible in the courts of law (they are considered to be hearsay) They are a valuable source of information to attorneys when they are conducting investigations and preparing cases.

A police report provides an objective assessment of what happened during the accident, based on witness statements and observations about the vehicle's damage as well as weather conditions, drivers and more. It is an important piece of evidence that can help you win an auto accident lawsuit.

You can usually request a copy from the police precinct that handled the investigation. Call their non-emergency phone number and provide a receipt or an incident number to prove your identity. The police department might have a website where you can request copies of records online.

When your medical bills and property damage as well as lost wages exceed a certain amount, you will need to file a lawsuit against the at-fault driver. The police report can be an important tool in settlement negotiations, especially when you can prove the other driver's fault from the evidence provided by the officer. Many cases are settled without having to go to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until one year after you file it.

Insurance Company Negotiations

Once an adjuster has all the information they require from you and the investigation of the car accident They will then extend an offer of settlement. To generate their first offer, they'll input all the information and details into a computer program. They'll likely arrive at a figure which is lower than what you calculated based on your investigation. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They'll be looking to reduce the amount they will have to pay for medical bills and other damages. You can fight back by pointing out the many ways that your injuries will negatively impact your life in the near future. For instance, you could, point out your mounting medical bills, your diminished earning potential, as well as the physical and mental suffering you are experiencing.

Your attorney or you will then draft an order letter and submit it to an insurance company. The letter should include all of the evidence that you have gathered including witnesses' statements and photographs of your injuries. Also, you'll make an outline of your non-negotiables so you can stop the insurance company from undercutting you. When an agreement is reached and ratified, it will be included in a written settlement agreement. It's normal for a back-andforth to take place during the negotiation process, but remaining calm will allow you to reach an acceptable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. Parties may request medical records, police reports as well as witness statements. They will also provide the other interrogatories (written questions that need to be completed under oath at the deadline). Your attorney will also record the extent of physical mental, emotional, or psychological injuries you've suffered, in addition to any other damages that could be sought out, such as future and current medical expenses along with property damage, lost wages.

Your lawyer will also confer with experts like medical specialists mechanics, engineers and mechanics. These experts will aid in painting a an appealing image of your crash and the injuries you sustained for the jury.

Your lawyer will begin negotiations with insurance companies to try to settle your claim without a trial. However, if the insurance company offers a small settlement or fails to take your injuries and other damages into account your case is likely to progress to trial.

While a small number of cases do go to trial, it is important for victims to make a claim as soon as is possible. As time passes, memories fade, witnesses die and evidence is lost and it becomes more difficult to file a convincing claim for the highest amount of compensation. You must also comply with the statute of limitations in your state, which can vary from 1 to 6 year.