Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages could be substantial following an accident. An experienced lawyer can help you in getting the amount of compensation you deserve.

The procedure varies from case-to-case, but generally, it begins with filing a complaint. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an important element in any auto accident lawsuit. They will help the judge or jury know how the injury impacted your life, including the physical, emotional and financial cost of your injuries. Insurance companies will be unable to dispute the story told by medical records.

You might only have a particular amount of time, depending on the laws in your state and the guidelines of your physician, to request medical records. This is why it is important to contact your lawyer whenever you can following an accident. The law guarantees access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones who are able to view your medical records. Insurance companies are often keen to discover anything that may suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will make use of your medical records to prepare a demand letter which will include evidence to support the damages you are seeking. Your lawyer should only supply the relevant medical records to your insurance company. They may ask you to authorize them to access your complete medical record. This is not the best option for your claim since it could reveal past injuries not related to this claim.

Police Reports

Every time a police officer responds to a request for help, such as an accident, he makes a police report. Although they aren't admissible in the courts of law (they are deemed to be hearsay) they can provide valuable information to attorneys when they are conducting investigations and preparing cases.

A police report offers an independent account of the crash which is based on the witnesses testimony of the officer and his observations of the weather conditions, drivers, and other aspects. It's an important evidence that can help you win an auto accident lawsuit.

You can typically request a copy of the records from the police precinct that handled the investigation. Call their non-emergency line and provide the receipt or incident number for identification. You can request copies of the report through the police department's website.

After your medical expenses as well as property damage and lost wages exceed an amount that is 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 for settlement negotiations, especially if you can prove the other driver's negligence based on observations made by the officer. But, many cases settle an agreement without ever going to trial. The process of preparing for trial can be lengthy and your case might not be resolved until a year after filing it.

Insurance Company Negotiations

Once an adjuster has all the data they require from you and the investigation into the car accident They will then extend an offer of settlement. They will input all the facts and details into a program that will make their initial offer. Most likely, they'll come up with a much less than the amount you calculated based on your study. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll want to reduce the amount they'll need to pay for medical expenses and other damages. You can fight back if explain the way your injuries will affect your life in future. For instance, you can highlight your growing medical bills and your lost earning potential, as in the mental and physical suffering you are experiencing.

Your attorney or you will create the letter of demand and then present it to an insurer. The letter should contain all the evidence you've gathered, including witness statements and photos of your injuries. You will also create an inventory of non-negotiables in order to stop the insurance company from undervaluing your claim. When an agreement is reached and ratified, it will be included in an agreement for settlement in writing. Negotiations are often a back and forth, but being patient can help you achieve a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, in which the parties exchange information and evidence. The parties may seek medical records, police reports and witness statements. The parties may also exchange interrogatories which are written questions that have to be answered under the oath within a specified time. Additionally, your attorney will document the extent of your physical emotional and psychological injuries as well as the other damages you could seek compensation for such as current and anticipated future medical expenses, property damage and lost wages.

Your lawyer will confer with other experts, such as mechanics, medical specialists, and engineers. These experts can help the jury get a clear picture of your accident and injuries.

Finally, your attorney will begin negotiations with insurance companies to attempt to resolve your claim without trial. If the insurance company is unable to provide you with an equitable settlement or does not consider your injuries and other losses, your case is likely to be heard in court.

While only a few cases get to trial, it is crucial for victims to file a lawsuit as soon as is possible. The memories fade, witnesses disappear, and evidence could be lost over time making it more difficult to present a convincing case for maximum compensation. Plus, you must comply with the statute of limitations in your state, which could range from 1 to 6 years.