Phases of an Auto Accident Lawsuit

Car accident injuries can result in substantial medical bills, property damage, and even lost wages. An experienced lawyer can assist you in obtaining the amount of compensation you deserve.

The procedure varies from case to case however, it generally begins with filing an action. Then follows the discovery phase, trial and any appeals.

Medical Records

Medical records are an essential element of any auto accident lawsuit. They can assist a judge or jury know the effects of the accident on your life. This includes the emotional, financial, and physical costs. Insurance companies will have a hard time to challenge the narrative told by medical records.

Based on the laws of your state and your doctor's guidelines You may be granted the time to request medical documents from healthcare providers. This is why it is important to contact your lawyer whenever you can following an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA guarantees your right to access these documents. This does not mean you or your lawyer are the only ones to look over your medical records. Insurance companies are always looking for anything that might suggest your injuries might not be as serious as you claim or have a pre-existing condition.

Your lawyer will utilize your medical records to create a demand letter which will contain evidence to support the damages you seek. It is important that your lawyer only provides relevant medical documents to the insurance company, as they may request you to sign an authorization that allows them to access all of your medical records. This is not beneficial to your claim as it may expose past injuries that are not relevant to this claim.

Police Reports

Police reports are created each time a law enforcement officer responds to an emergency or accident, such as car accidents. While they're not admissible in court (they are considered hearsay) They can provide valuable information to attorneys when conducting an investigation and preparing the case.

A police report provides an objective assessment of what happened during the accident, based on witnesses' testimonies and the officer's observations about the vehicle's damage, weather conditions, drivers and more. It is an important evidence that can assist you in winning an auto accident lawsuit.

Usually you can request a copy your police report from the local police department that was responsible for the investigation by calling their non-emergency number and supplying a receipt or incident number to identify the report. The police department might have a website where you can request copies of your records online.

You'll have to file a suit against the person who caused the accident after your medical expenses as well as lost wages and property damage exceed the amount of. The police report is an essential tool in settlement negotiations, particularly when you can prove the other driver's negligence based on observations made by the officer. A lot of cases are settled without having to go to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until a year after filing it.

Insurance Company Negotiations

When the adjuster has all the information he needs from you and your vehicle accident investigation, he'll make an offer for settlement. To create their initial offer, they will enter all the details and facts into the computer program. Most likely, they'll produce a significantly lower number than you calculated based on your investigation. When insurance companies make settlement offers, they have their own financial interest in mind.

They'll want to reduce the amount they'll need to pay for your medical expenses and other damages. You can fight back if point out the negative effects your injuries could have on you and impact your life in the future. For example, you can draw attention to your increasing medical bills, your decreased earning capacity and the emotional and physical pain that you're currently experiencing.

Your attorney or you will create an official demand letter and then present it to an insurer. It will contain all the evidence you have gathered such as statements from witnesses, photographs of your injuries as well as any documents that support your losses. You'll also prepare an outline of your non-negotiables to ensure you can stop the insurance company from under-pricing you. Once an agreement is reached and ratified, it will be included in a written settlement agreement. Negotiations are often a back and forth, however being patient can help you achieve an equitable settlement.

Legal Advice

The next phase in the car accident lawsuit is discovery, in which both sides exchange information and evidence. Parties may seek medical records and police reports, and witness statements. The parties will also exchange interrogatories which are written inquiries which have to be answered on oath within a certain time. Your attorney will also write down the severity of physical mental, emotional, or psychological injuries you've sustained, as well as any other damages that may be sought, like the current and anticipated medical expenses as well as property damage and lost wages.

Your lawyer will also consult with experts like medical specialists as well as mechanics and engineers. These experts will help paint a a vivid image of your crash and the extent of your injuries to the jury.

Then, your lawyer will begin discussions with insurance companies to try to resolve your claim without trial. If the insurance company offers an unsatisfactory settlement or does not take your injuries and other damages into account the case could progress to trial.

It is essential that victims file a lawsuit immediately, even if only a handful of cases get to court. As time passes, memories fade, witnesses die and evidence is lost which makes it more difficult to present a compelling case to receive the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which could vary from 1 to 6 years.