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Phases of an Auto Accident Lawsuit

Car crash injuries can result in substantial medical bills as well as property damage and loss of wages. An experienced lawyer can assist you receive the compensation you require.

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

Medical Records

Medical records are an important element in any auto accident lawsuit. They will help a jury or judge determine how the accident has impacted your life, including the physical, emotional and financial cost of your injuries. Medical records will also reveal an insurance company a story they will have a difficult time disputing.

In accordance with the laws of your state and your doctor's guidelines depending on your state's laws and your doctor's policy, you could have the time to request medical records from healthcare providers. This is the reason why you should contact your lawyer whenever you can after an accident. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these medical records. But, this doesn't mean that only you or your attorney can examine your medical records. Insurance companies are always looking for anything that might suggest that your injuries aren't the severity you claim or if you have pre-existing injuries.

Your lawyer will make use of the medical records you provide to draft the letter of demand that will include evidence to support the damages you want. It is essential that your lawyer only provide relevant medical records to the insurance company, as they may request you to sign an authorization that allows them to access all your medical records. This is not in the best interest of your claim since it could expose past injuries that are not relevant to this claim.

Police Reports

Police reports are generated each time a police officer responds to an emergency call and also car accidents. While they cannot be used in a court of law (they are considered to be hearsay), they provide valuable information to attorneys in the process of investigating and preparing their cases.

A police report is an objective assessment of what happened during the crash, based upon witness testimonies and the officer's observations regarding the damage to the vehicle as well as weather conditions, drivers, and so on. It is a crucial piece of evidence which can aid in winning an auto accidents accident lawsuit.

You can typically 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 as proof of identification. You can request copies of your police report on the police department's website.

After your medical bills, property damage and lost wages are at a certain amount, you will need to make a claim against the driver who is at fault. The police report is an essential tool in settlement negotiations, especially in cases where you can prove other driver's fault from the evidence provided by the officer. But, many cases settle settlements without ever going to trial. It may take some time to go through the pre-trial process and your case could not be resolved for a year or more.

Insurance Company Negotiations

Once the adjuster has all the details they require from you and your vehicle accident investigation, they'll make an offer to settle. To make their first offer, they will enter all the information and details into an online program. Most likely, they'll come up with a much smaller number than what you estimated using your investigation. When insurance companies offer settlement offers, they've got their own financial interest in the back of their heads.

They'll seek to limit the amount they have to pay in medical bills and other damages. You can counter by pointing out the many ways that your injuries will impact your life in the coming years. You could, for instance you can highlight the mounting medical bills and the loss of earnings potential, as well in the mental and physical suffering you are experiencing.

You or your lawyer will prepare a demand form and then present it to the insurance company. The letter should include all of the evidence that you've collected, including witness statements and photos of your injuries. Also, you will create a list of non-negotiables to ensure that the insurance company is not undervaluing your claim. If an agreement is reached, it will be reflected in a written settlement agreement. It's common for a back-and-forth to occur during these negotiations, but remaining patient will help you achieve an acceptable settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery. During this process, both sides exchange information as well as evidence. Parties may request medical records, auto accident lawsuit police reports, and witness statements. The parties may also trade interrogatories, which are written questions that have to be answered under an oath within certain times. Your lawyer will also record the extent of the physical emotional, psychological, and physical injuries you have suffered, and any other damages that might be sought, including the current and anticipated medical expenses as well as property damage and lost wages.

Your lawyer will talk to other experts, such as mechanics, medical experts and engineers. These experts will help paint a an appealing image of the accident and your injuries for the jury.

Then, your lawyer will begin negotiations with insurance companies to attempt to resolve your claim without trial. If the insurance company is unable to offer you an acceptable settlement or does not consider your injuries and other damages, auto accident lawsuit your case is likely to go to trial.

It is important that victims file a suit as soon as they can even though very few cases will ever make it to the courtroom. With time memories fade, witnesses die and evidence is lost and makes it harder to file a convincing claim for maximum compensation. Furthermore, you have to comply with the statute of limitations in your state, which can vary from 1 to 6 years.