Phases of an Auto Accident Lawsuit

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

The procedure varies from case to case however, generally it starts with filing a complaint. The discovery phase, trial and appeals follow.

Medical Records

Medical records are a vital part of any auto accident litigation accident case. They can help the jury or auto accident lawsuit judge determine the impact of the accident on your life. This includes the emotional, financial, and physical costs. Medical records will also provide an account that insurance companies will have a difficult to argue.

You might only have a limited amount of time, contingent on the laws of your state and the policies of your doctor to request medical records. This is why it is important to discuss your legal needs as soon as you can following an accident. Health Information Portability and Accountability Act or HIPAA, protects your right to access these medical records. But, this doesn't mean that only you or your lawyer are able to view your medical records. Insurance companies will often try to find anything that might suggest that your injuries were pre-existing or not so severe as you say.

Your lawyer will make use of the medical records you provide to draft a letter of demand that includes evidence to justify the damages you are seeking. It is imperative to ensure that your lawyer provides relevant medical records to the insurance company since they might ask you to sign a medical authorization that allows them to access all your medical records. This is not in your best interest since it could reveal previous injuries that aren't connected to the current claim.

Reports of Police

Each time a police officer responds to a request for help, which could include an accident, he or she makes a police report. Even though they're not admissible in court (they are considered to be hearsay) however, they provide valuable information to attorneys when conducting an investigation and preparing the case.

A police report provides an objective account of what transpired in the auto accident legal, based on witness testimony and observations by the officer regarding the damage to the vehicle as well as weather conditions, drivers and more. It's a crucial document that can help you win your lawsuit for car accidents against the defendant.

Typically you can request a copy your police report from the police station that handled the investigation by calling their non-emergency phone number and supplying an incident or receipt to identify it. You can request copies of your police report through the website of the police department.

You'll have to file a lawsuit against the person who caused the accident after your medical expenses, lost wages, and property damage reach an amount. The police report is an effective tool for settlement negotiations, particularly in cases where you can prove other driver's responsibility based on observations made by the officer. However, many cases reach a settlement without ever going to trial. The pre-trial process can be long and your case may not be resolved until a year after filing it.

Insurance Company Negotiations

Once the adjuster has all the information he needs from you and your car accident investigation, he'll make an offer of settlement. They will then input all the facts and details into a program that will make their initial offer. Most likely, they'll come up with a much smaller amount than you anticipated based on your study. When insurance companies offer settlement offers, they've got their own financial interest in the back of their heads.

They'll be looking to reduce the amount they will have to pay for medical bills and other damages. You can fight back if highlight the negative effects your injuries could have on you and impact your life in the coming years. For instance, you can, point out your mounting medical bills and the loss of earning potential, as well as the physical and mental suffering you are experiencing.

Your attorney or you will then prepare an order letter and present it to an insurer. The letter should include all the evidence you've gathered such as witness statements and photos of your injuries. You'll also make the list of your non-negotiables, so you can stop the insurance company from negotiating with you. After an agreement has been reached, the written settlement agreement will reflect it. It's normal for a back-andforth to occur during the negotiation process, but remaining patient will help you reach an equitable settlement.

Legal Advice

The next step in a car lawsuit involving an auto accident litigation is discovery, where both parties exchange information and evidence. Parties may seek medical records, police reports and witness statements. They can also send each other interrogatories (written questions that need to be completed under oath at the end of a specified time). Your lawyer will also record the extent of physical, emotional, and psychological injuries you have suffered, as well as any other damages that might be sought, like the amount of medical expenses you are currently and in the future along with property damage, lost wages.

Your lawyer will also consult with experts such as medical specialists, mechanics and engineers. These experts can assist the jury get a clear picture of your auto accident litigation and injuries.

Your lawyer will begin negotiations with insurance companies in order to try to settle your claim without trial. If the insurance company is unable to offer you an acceptable settlement or doesn't take into consideration your injuries and other damages, your case will likely be heard in court.

Although a small percentage of cases go to trial, it is important for victims to file a lawsuit as soon as they can. Memories fade, witnesses die and evidence can disappear over time and it becomes difficult to build a strong argument for the most compensation. Additionally, you must comply with the statute of limitations in your state, which can range from 1 to 6 years.