Phases of an Auto Accident Lawsuit

Car crash injuries can result in significant medical bills as well as property damage and loss of wages. An experienced lawyer can assist to get the compensation you need.

The process may differ from case-to-case, but generally, it starts with the filing of the complaint. Then follows the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an essential element in any auto accident lawyers accident lawsuit. They can assist a judge or jury comprehend the impact of the accident on your life. This includes the financial, emotional, and Auto Accident lawsuit physical costs. Insurance companies will be unable to argue with the information provided by medical records.

You may only have a specific amount of time, contingent on the laws in your state and the policies of your doctor to request medical records. You should consult your lawyer as soon after an accident as is possible. The law safeguards your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer will be able to access your medical records. Insurance companies constantly look for evidence that might suggest that your injuries aren't as severe as you claim or pre-existing.

Your lawyer will use the medical information you provide to draft an order letter that includes evidence to justify the damages you seek. Your lawyer must only provide the relevant medical records to your insurance company. They might request you to allow them to access your entire medical record. This is not the best option for your claim since it could reveal previous injuries that are not connected to the claim.

Reports of the Police

Police reports are created each time a law enforcement officer responds to an emergency call, including car accidents. Although they are not admissible in a court of law (they are deemed to be hearsay), they provide valuable information for attorneys who are researching and preparing cases.

A police report is 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 a crucial piece of evidence that can assist you in winning an auto accident lawsuit.

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

If your medical bills as well as property damage and lost wages reach a certain amount, you'll have to bring a lawsuit against the at-fault driver. The police report can be a useful tool during settlement negotiations, particularly in cases where you can show that the other driver was at blame based on the officer's observations. In many cases, however, the parties reach a settlement without ever going to trial. Pre-trial proceedings can take a long time and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

Once an adjuster has all the data they require from you, and the car accident investigation is complete, they will offer an offer for settlement. They will then input all the facts and details into a software program to make their initial offer. Most likely, they will arrive at a lower number than you calculated in your study. When insurance companies make settlement offers, they have their own financial interests in mind.

They'll be looking to reduce the amount they pay in medical bills and other damages. You can fight back if explain how your injuries will negatively impact your life in the coming years. For instance, you could highlight your growing medical bills, the loss of earning potential, and the emotional and physical pain that you're currently experiencing.

Your lawyer or attorney will prepare a demand form and send it to the insurance company. It should include all the evidence you've gathered, including witness statements, photos of your injuries as well as any documents that support your losses. You'll also prepare the list of your non-negotiables to ensure you can prevent the insurance company from lowballing you. When an agreement is reached and ratified, it will be included in an agreement to settle in writing. Negotiations are often a back and forth, but perseverance will ensure a fair settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery, in which both sides exchange information as well as evidence. Parties may seek medical records and police reports and witness statements. The parties may also exchange interrogatories which are written questions that must be answered on an oath within the time limit. Your attorney will also document the severity of physical mental, emotional, or psychological injuries you have suffered, as well as any other damages that may be sought out, such as future and current medical expenses, property damage, and lost wages.

Your lawyer will talk to other experts, like mechanics, medical experts, and engineers. These experts can assist the jury get clear information about your accident and injuries.

Your lawyer will then start discussions with the insurance companies in order to settle your case without trial. If the insurance company is willing to offer you a small settlement or does not take your injury and other damages into consideration the case will be heard at trial.

It is essential that victims file a lawsuit as soon as possible, even if only a handful of cases are heard in court. Over time memories fade, witnesses pass away, and evidence disappears, making it more difficult to establish a solid claim for the most compensation. It is also important to adhere to the statute of limitations in your state, which can vary between 1 and 6 years.