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Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages could be significant after an auto accident. A knowledgeable attorney can help you receive the compensation you need.

The procedure is different depending on the case, however, it generally begins with filing an action. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are a vital element of any auto accident lawsuits accident case. They can help jurors or judges know how the injury affected your life, including the emotional, physical and financial consequences of your injuries. Insurance companies will have a hard time to dispute the story told by medical records.

You might only have a limited period of time, based on the laws of your state and the guidelines of your physician, to obtain medical records. You should consult your lawyer as soon after an accident as is possible. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these medical records. But, this doesn't mean that only you or your attorney can see your medical records. Insurance companies are generally keen to discover anything that may suggest that your injuries were pre-existing or not as severe as you claim.

Your lawyer will use your medical records to prepare a demand letters, auto accident lawsuit that will include evidence to justify the damages you are seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They might ask you to grant them permission to access your entire medical record. This is not beneficial to your claim since it could reveal previous injuries that are not connected to this claim.

Police Reports

Police reports are prepared each time a law enforcement officer responds to an emergency call for example, car accidents. While they cannot be used in a court of law (they are considered to be hearsay) they can provide valuable information for attorneys who are conducting investigations and preparing cases.

A police report provides an objective account of the accident, based on the witness testimony of the officer and his observations of the weather conditions, the drivers, and other factors. It's an important evidence piece that can help you win your car accident lawsuit against the defendant.

You can usually request a copy of the records from the police precinct that handled the investigation. Contact their non-emergency number and provide an original receipt or an incident number to prove your identity. You can request copies of your police report through the police department's website.

You'll have to file a suit against the person who caused the accident once your medical bills along with lost wages and property damage have reached a certain value. The police report can prove to be a helpful tool during settlement negotiations, particularly if you can prove that the other driver was at fault, based on an officer's observations. A lot of 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 as well as the investigation into the accident They will then extend a settlement offer. To generate their first offer, they'll enter all the information and details into the computer program. They'll most likely arrive at a figure that is much lower than the one you calculated from your research. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll want to reduce the amount they have to pay for your medical expenses and other damages. You can fight back if mention how your injuries will negatively impact your life in the coming years. For instance, you could highlight your growing medical bills and lost earning potential, as as the physical and mental suffering you are experiencing.

You or your attorney will prepare the letter of demand and present it to an insurance company. The letter should contain all the evidence you've collected, including witness statements and photos of your injuries. Also, you'll make the list of the items you cannot negotiate, so you can stop the insurance company from negotiating with you. Once an agreement has been reached, the written settlement agreement will reflect it. Negotiations are usually back and forth affair, but being patient can ensure an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. Parties can request medical records, police reports and witness statements. The parties may also trade interrogatories that are written questions which must be answered under the oath within a specified time. Your lawyer will also record the extent of physical mental, emotional, or psychological injuries you've suffered, in addition to any other damages which could be sought, such as the amount of medical expenses you are currently and in the future, property damage, and lost wages.

Your lawyer will also speak with experts such as medical professionals mechanics, engineers and mechanics. These experts will help paint a a vivid picture of your crash and your injuries for the jury.

Finally, your attorney will begin discussions with insurance companies to attempt to settle your claim without trial. If the insurance company offers you a low amount of money or does not take your injuries and other damages into account the case will be heard at trial.

Although a small percentage of cases go to trial it is important for victims to file a lawsuit as soon as possible. Memories fade, witnesses can disappear and evidence may be lost over time making it more difficult to present a convincing case to get the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.