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Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages can be substantial after an auto accident attorney accident. An experienced lawyer can assist you receive the compensation you need.

The procedure varies depending on the case, however, generally it starts with filing a complaint. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an important component of any auto accident lawsuit. They can help jurors or judges understand how the injury has impacted your life, including the emotional, physical and financial costs of your injuries. Insurance companies will be unable to refute the story portrayed by medical records.

You might only have a particular amount of time, depending on the laws in your state and the policy of your doctor to obtain medical records. This is the reason why you should speak with your lawyer as soon as possible following an accident. The law protects your access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones to view your medical records. Insurance companies are generally keen to uncover anything that could suggest your injuries were pre-existing or not so severe as you say.

Your lawyer will utilize your medical records to prepare a demand letter which will include evidence to justify the damages you are seeking. It is crucial that your lawyer only provides relevant medical records to the insurance company as they may ask you to sign an authorization that allows them to access all of your medical records. This is not in the best interest of your claim because it could reveal past injuries not related to this claim.

Police Reports

Police reports are generated each time a law enforcement officer responds to an emergency call or accident, such as car accidents. While they cannot be used in a court of law (they are considered to be hearsay), they provide valuable information for attorneys when researching and preparing cases.

A police report is an objective account of what transpired in the accident, based on witnesses' testimony and observations by the officer about the vehicle's damage as well as weather conditions, drivers and more. It is a crucial piece of evidence that could help you win an auto accident law firms 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 an invoice or an incident number as identification. The police department may have a website on which you can request copies of the records online.

When your medical bills as well as property damage and lost wages reach an amount you can afford, you'll have to bring a lawsuit against the driver who is at fault. The police report is an effective tool for settlement negotiations, especially in cases where you can prove other driver's fault from the evidence provided by the officer. In many cases, however, the parties reach an agreement without going to trial. The pre-trial process can be long and your case might not be resolved until one year after filing it.

Insurance Company Negotiations

Once an adjuster has all the details they require from you and the investigation of the car accident, they will extend a settlement offer. To generate their first offer, they'll enter all the information and details into an application on computers. Most likely, they'll produce a significantly lower number than you calculated based on your investigation. 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 limit the amount they'll need pay for your medical expenses and other damages. You can counter by highlighting the ways in which your injuries could affect your life going forward. For instance, you could, point out your mounting medical bills and the loss of earning potential, as being aware of the physical and mental pain you're experiencing.

Your attorney or you will then draft the letter of demand and present it to an insurer. It will contain all the evidence you've collected including statements from witnesses, photographs of your injuries and any documents supporting your losses. You'll also prepare the list of the items you cannot negotiate, so you can deter the insurance company from lowballing you. If an agreement is reached it will be documented in an agreement for settlement in writing. It's common for a back-and-forth to occur during the negotiation process, but remaining patient will help you achieve 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 as well as witness statements. They can also send the other interrogatories (written questions to be answered under oath by the deadline). Your lawyer will also record the severity of the physical mental, emotional, or psychological injuries you've sustained, as well as any other damages that could be sought, including 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 experts as well as mechanics and engineers. These experts will help paint an appealing picture of your crash and your injuries for the jury.

Your attorney will then start discussions with the insurance companies in order to settle your case without trial. However, if the insurance company provides you with a small settlement or does not take your injury and other damages into account the case will progress to trial.

It is essential that victims file a suit as soon as they can, even though few cases get to court. Over time, memories fade, witnesses pass away and evidence is lost and makes it harder to establish a solid claim for the most compensation. You must also adhere to the statute of limitations in your state, which can vary from 1 to 6 years.