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Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages may be significant after a car accident. A knowledgeable attorney can assist you in obtaining the compensation you deserve.

The process can vary from case to case but usually starts with the filing of an accusation. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an essential element in any auto accident lawsuit. They will help a jury or judge determine how the accident has affected your life, including the emotional, physical and financial cost of your injuries. Insurance companies will have a hard time to argue with the information provided by medical records.

In accordance with the laws of your state and your doctor's guidelines, you may have a limited amount of time to request medical records from your healthcare provider. This is the reason you should consult with a lawyer as soon as you can after an accident. Health Information Portability and Accountability Act or HIPAA, protects your right to access these medical records. However, this does not mean that you or your lawyer are the only ones who are able to access your medical records. Insurance companies are usually keen to find anything that might suggest your injuries were pre-existing or not as severe as you claim.

Your lawyer will use the medical information you provide to create an order letter that will include evidence to support the damages you seek. It is important to ensure that your lawyer provides relevant medical documents to the insurance company because they could ask you to sign an authorization that allows them to access all your medical records. This is not in the best interest of your claim as it may reveal past injuries not related to the claim.

Police Reports

Every time a police officer responds to a call for assistance, or an accident, he or she produces a report. Although they cannot be admitted in a court of law (they are deemed to be hearsay), they provide valuable information to attorneys when they are conducting investigations and preparing cases.

A police report gives an impartial account of the accident from the witness' testimony as well as the officer's observations regarding the weather conditions, the drivers, and other factors. It's a vital piece of evidence that could aid you in winning a car accident lawsuit.

Usually you can request a copy your police report from the precinct that handled the investigation by calling their emergency number and providing the receipt or incident number to identify it. You can also request copies of records through the website of the police department.

If your medical bills, property damage and lost wages exceed an amount you can afford, you will need to bring a lawsuit against the driver who is at fault. The police report can be an effective tool in settlement negotiations, particularly when you can demonstrate that the other driver was largely at fault based on the officer's observations. In many cases, however, the parties reach an agreement without ever going to trial. It may take some time to work through the steps before trial and your case may not be resolved for a year or more.

Insurance Company Negotiations

Once the adjuster has all the details they require from you as well as your car accident investigation, he'll make an offer of settlement. To make their first offer, they'll enter all the information and details into an application on computers. They'll likely come up with a number which is significantly lower than the number you calculated based on your research. When insurance companies make settlement offers, they have their own financial interest in the back of their heads.





They will want to limit how much they have to pay in medical bills and other damages. You can fight back if point out the negative effects your injuries could have on you and impact your life in the coming years. For instance, you can point to your mounting medical bills, your lost earning capacity, and the emotional and physical pain that you're currently experiencing.

Your lawyer or you create a demand letter and send it to the insurer. This letter will include all of the evidence that you have gathered including witness statements and photos of your injuries. Also, you will create a list of the non-negotiables that will prevent the insurance company from undervaluing your claim. When an agreement has been reached and the written settlement contract will reflect it. It's not uncommon for back-and-forth to take place during these negotiations, but being patient will help you reach an acceptable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which both parties exchange information and evidence. Parties can seek medical documents, police reports or witness statements. The parties can also exchange interrogatories, which are written questions which must be answered under an oath within the time limit. Your lawyer will also record the severity of the physical emotional, psychological, and physical injuries you've suffered, as well as any other damages which could be sought, including the current and anticipated medical expenses as well as property damage and lost wages.

Your lawyer will also confer with experts such as medical professionals, mechanics and engineers. These experts will help paint a an appealing picture of the crash and your injuries for the jury.

auto accident law firm quincy will begin discussions with insurance companies to attempt to resolve your claim without trial. If the insurance company is willing to offer you an unsatisfactory settlement or fails to take your injuries and other damages into account, your case will likely progress to trial.

It is vital that victims file a lawsuit as soon as possible, even though only a few cases will ever make it to court. Over time memories fade, witnesses pass away and evidence is lost which makes it more difficult to make a strong claim to receive the maximum amount of compensation. You must also follow your state's statute of limitations which can vary from 1 to 6 year.