Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages may be significant following an auto accidents accident. An experienced lawyer can help to get the compensation you require.

The process can vary from case-to-case, but typically, it begins with the filing of an action. Then comes the discovery phase along with any appeals.

Medical Records

Medical records are an essential element in any auto accident lawsuit. They will assist the judge or jury to determine how the accident has affected your life, including the emotional, physical and financial costs of your injuries. Medical records will also tell the story that insurance companies will have a tough to argue.

You might only have a particular period of time, based on the laws of your state and the guidelines of your physician, to obtain medical records. This is the reason why you should discuss your legal needs as soon as possible following an accident. Health Information Portability and Accountability Act or HIPAA, protects your right to access these records. However, this doesn't mean that only you or your lawyer can view your medical records. Insurance companies will often try to uncover anything that could 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 letter which will include evidence to support the damages you seek. It is crucial to ensure that your lawyer provides relevant medical documents 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 in the best interest of your claim as it may expose past injuries that are not relevant to this claim.

Police Reports

Police reports are generated every time a law enforcement officer responds to an emergency or accident, such as car accidents. Although they are not admissible in a court of law (they are deemed to be hearsay) They are a valuable source of information to attorneys in the process of researching and preparing cases.

A police report gives an independent account of the crash which is based on the witnesses' testimony as well as the officer's observations regarding the weather conditions, the drivers, and a variety of other factors. It is an important evidence that can aid you in winning an auto accident lawsuit.

You can typically request a copy from the precinct who handled the investigation. Call their non-emergency phone number and provide an original receipt or an incident number as identification. The police department may also have a website where you can request copies of the records online.

You will need to file a suit against the driver who was at fault once your medical bills as well as lost wages and property damage exceed the amount of. The police report is an effective tool for settlement negotiations, especially if you can prove the other driver's guilt based on observations made by the officer. But, many cases settle an agreement without ever going to trial. It can take a while to go through the steps before trial and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the details they require from you, and the investigation into the car accident and investigation, they will make an offer of settlement. To make their first offer, they'll input all the information and details into the computer program. They'll probably be able to come up with a figure that's much lower than what you calculated based on your research. When insurance companies make settlement offers, they have their own financial interest in mind.

They will want to limit how much they pay in medical bills and other damages. You can fight back by pointing out all the ways that your injuries will impact your life in the near future. For instance, you could refer to your rising medical bills, the loss of earnings capacity and the emotional and physical pain you're experiencing.

Your attorney or you prepare an order letter and then present it to an insurance company. This should include all the evidence you've collected, including witness statements, photographs of your injuries, as well as documents that support your losses. You'll also make the list of the items you cannot negotiate, so you can keep the insurance company from undercutting you. Once you have reached an agreement 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 patient will help you reach a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which the parties exchange information and evidence. Parties can seek medical records and police reports, and witness statements. They will also send each other interrogatories (written questions that have to be answered under oath by expiration of a specific time). In addition your lawyer will record the extent of your physical emotional and psychological traumas and the additional damages you could be seeking to recover, including existing and projected future medical costs, property damage, and lost wages.

Your lawyer will also confer with experts like medical specialists, mechanics and engineers. These experts can assist the jury get an accurate picture of your injuries and accident.

Then, your lawyer will begin negotiations with insurance companies in order to try to resolve your claim without trial. However, if the insurance company offers an unsatisfactory settlement or fails to take your injuries and other damages into account the case could proceed to trial.

It is vital that victims file a lawsuit promptly even though very few cases make it to the courtroom. The memories fade, witnesses disappear, and evidence could be lost in time making it more difficult to establish a compelling argument for the most compensation. In addition, you must abide with the statute of limitations in your state, which can be anywhere from one to six years.