Phases of an
Auto Accident LawsuitProperty damage, medical bills and lost wages may be substantial after an accident. An experienced lawyer can assist you in obtaining the financial compensation you deserve.
The process may differ depending on the case, but generally it begins with the filing of a complaint. Then comes the discovery phase, trial and any appeals.
Medical Records
Medical records are an essential element of any
auto accident lawsuit. They can help a judge or jury know the effects of the injury on your life. This includes the emotional, financial, and physical costs. Medical records will also reveal an account that insurance companies will have a tough to argue.
Depending on your state's laws and your doctor's guidelines, you may have limited time to request medical records from healthcare providers. It is recommended to consult with your lawyer as soon after an accident as it is possible. Health Information Portability and Accountability Act, or HIPAA, protects your right to access these records. But, this doesn't mean that only you or your attorney can access your medical records. Insurance companies are often keen to discover anything that may indicate that your injuries were not pre-existing or not as severe as you claim.
Your lawyer will use the medical records you provide to prepare an order letter that will include evidence to support the damages you want. Your lawyer must only provide the relevant medical documents to your insurance company. They may require you to give them permission to access your complete medical record. This is not in your best interest since it could expose past injuries that aren't related to the present claim.
Reports of Police
When a police officer responds to a call for assistance, or an accident, he or she prepares a police report. While they're not admissible in court (they are deemed to be hearsay) however, they provide valuable information to attorneys investigating an incident and preparing a case.
A police report offers an independent account of the crash, based on the witness' testimony as well as the officer's observations regarding the weather conditions, the drivers, and a variety of other factors. It's a vital evidence that can aid you in winning an
auto accident lawsuit.
Typically you can request a copy of your police report from the police station that was responsible for the investigation by calling their non-emergency line and providing an incident or receipt to identify it. 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 are at an amount that is a certain amount, you'll have to file a lawsuit against the driver at fault. The police report can be an effective tool for settlement negotiations, especially when you can establish the other driver's guilt in the light of observations made by the officer. However, many cases reach settlements without ever going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until a year after you file it.
Insurance Company Negotiations
Once an adjuster has all the details they need from you and the investigation of the car accident is complete, they will offer an offer of settlement. To generate their first offer, they'll input all the details and facts into the computer program. They'll probably be able to come up with a figure which is significantly lower than the number you calculated based on your research. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.
They will want to limit how much they are required to pay for medical bills and other damages. You can counter by highlighting the many ways that your injuries will affect your life in the near future. For instance, you could draw attention to your increasing medical bills, your diminished earning capacity, and the emotional and physical suffering you're experiencing.
You or your lawyer will then prepare a demand letter and then present it to the insurance company. This will include all the evidence you've gathered and include witness statements, photos of your injuries, as well as documents that support your losses. Additionally, you should create a list of non-negotiables to keep the insurance company from undervaluing your claim. When an agreement has been reached, the written settlement agreement will reflect it. It's normal for a back-andforth to take place during these negotiations, but remaining patient will help you achieve a fair settlement.
Legal Advice
The next phase in the car lawsuit involving an accident is discovery, during which both sides exchange information and evidence. The parties may request medical records, police reports, and witness statements. They can also send another interrogatories (written questions that have to be answered under oath before the end of the specified time). Your attorney will also write down the extent of the physical emotional, psychological, and physical traumas you've suffered in addition to any other damages that may be sought, including current and projected medical expenses or property damage, as well as lost wages.
Your lawyer will talk to other experts, including mechanics, medical professionals and engineers. These experts can assist the jury get a clear picture of the injuries and accidents you sustained.
Your attorney will then begin negotiations with the insurance companies to settle your case without trial. If the insurance company doesn't offer a fair settlement, or does not consider your injuries and other damages your case is likely to go to trial.
Although few cases actually go to trial, it is important for victims to start a lawsuit as quickly as they can. Memories fade, witnesses die and evidence can disappear over time and it becomes difficult to make a strong argument for the most compensation. Plus, you must comply with the statute of limitations in your state, which can range from 1 to 6 years.