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Phases of an Auto Accident Lawsuit

Medical bills, property damage, and lost wages can be substantial following an accident in the car. An experienced lawyer can assist to get the compensation you require.

The process is different from case to case but generally starts by filing an action. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an important element in any auto accident lawsuit. They will aid the judge or jury understand how the injury has had an impact on your life, including the physical, emotional and financial burdens of your injuries. Medical records will also provide a story that insurance companies will have a tough to dispute.

You may only have a certain period of time, based on the laws of your state and the guidelines of your physician, to request medical records. It is recommended to consult with your lawyer as soon after an accident as possible. The law guarantees access to these documents through the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones who are able to examine your medical records. Insurance companies are always looking for anything that suggests that your injuries aren't the severity you claim or if you have pre-existing injuries.

Your lawyer will utilize the medical records you provide to prepare the letter of demand, which will include evidence to support the damages you seek. It is important that your lawyer only provide relevant medical documents to the insurance company, since they might ask you to sign a medical authorization that permits them to access all of your medical records. This is not in the best interest of your claim since it could reveal past injuries not related to this claim.

Police Reports

Each time a police officer responds to a call for assistance, or an accident, he prepares a police report. While they cannot be used in a court of law (they are considered to be hearsay) they are valuable information to attorneys when they are investigating and preparing their cases.

A police report provides an objective account of what happened in the accident, based on witnesses' testimonies and the officer's observations about the vehicles' damage as well as weather conditions, drivers, and so on. It's an important evidence that can assist you in winning an auto accident attorney accident lawsuit.

Usually you can request a copy your police report from the precinct that handled the investigation by calling their non-emergency line and providing a receipt or incident number to identify the report. The police department may have a website where you can request copies of records online.

When your medical bills, property damage and lost wages are at a certain amount, you will need to start a lawsuit against the driver who is at fault. The police report can be an effective tool in settlement negotiations, particularly in cases where you can show that the other driver was largely at fault based on the officer's observations. However, many cases reach settlements without ever going to trial. The process of preparing for trial can be lengthy and your case may not be resolved until one year after you file it.

Insurance Company Negotiations

When the adjuster has all of the information he needs from you and your automobile accident investigation, they will make an offer to settle. In order to create their first offer, they will enter all the details and facts into a computer program. Most likely, they will produce a significantly smaller number than what you estimated based on your research. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They'll want to reduce the amount they'll have to pay for medical bills and other damages. You can fight back by highlighting the ways in which your injuries will affect your life going forward. For instance, you can refer to your rising medical bills, the loss of earning capacity and the emotional and physical pain that you're currently experiencing.

Your lawyer or attorney will then draft a demand letter and submit it to the insurer. The letter should contain all of the evidence that you've gathered such as witness statements and photos of your injuries. Also, you will create a list of non-negotiables to keep the insurance company from undervaluing your claim. When an agreement has been reached the settlement agreement written will reflect it. Negotiations can be a back and forth, however staying patient will help you achieve a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which the parties exchange information and evidence. Parties may seek medical records and police reports and witness statements. They may also send another interrogatories (written questions to be answered under oath before the deadline). Your lawyer will also record the severity of the physical emotional, psychological, and physical injuries you've suffered, in addition to any other damages that could be sought, including current and projected medical expenses along with property damage, lost wages.

Your lawyer will consult with other experts, including mechanics, medical professionals, and engineers. These experts will help paint an appealing image of your crash and the extent of your injuries to the jury.

Your lawyer will then begin negotiations with the insurance companies in order to settle your case without a trial. However, if the insurance company offers a small settlement or does not take your injury and other damages into account your case is likely to be heard at trial.

It is vital that victims file a lawsuit promptly even though very few cases make it to the courtroom. Memories fade, witnesses can pass away, and evidence can be lost over time, making it harder to present a convincing case for the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which could range from 1 to 6 years.