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Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages may be significant following an accident in the car. A knowledgeable attorney can assist you in obtaining the justice you deserve.

The procedure is different from case-to-case, but generally starts by filing an action. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an essential component of any auto crash case. They can help the judge or jury to determine how the accident has affected your life, including the physical, emotional and financial burdens of your injuries. Insurance companies will have a hard time to refute the story portrayed by medical records.

You might only have a particular amount of time, contingent on the laws of your state and the policy of your doctor, to request medical records. Consult with your lawyer as soon after an accident as possible. Health Information Portability and Accountability Act, or HIPAA, protects your right to access these documents. However, this doesn't mean that you or your lawyer are the only ones who can access your medical records. Insurance companies will often try to find anything that might suggest your injuries were pre-existing or not so severe as you say.

Your lawyer will use your medical records to prepare a demand letters, which will contain evidence to support the damages you are seeking. Your lawyer should only supply the relevant medical documents to your insurance company. They may request you to allow them to access your complete medical record. This is not in your best interests since it could expose past injuries that aren't directly related to the current claim.

Reports of the Police

Every time a police official responds to a request for help, which could include an accident, he makes a police report. Even though they're not admissible in court (they are considered to be hearsay), they do provide important information to attorneys when conducting an investigation and preparing cases.

A police report provides an objective assessment of what happened during the crash, based on witness testimony and observations by the officer about the vehicle's damage, weather conditions, drivers and more. It's an important evidence that can aid you in winning a lawsuit for car accidents.

You can usually request a copy from the precinct that was responsible for the investigation. Call their non-emergency phone number and provide the receipt or incident number as identification. You can also request copies of records through the police department's website.

If your medical bills, property damage and lost wages reach an amount that is a certain amount, you'll need to bring a lawsuit against the driver at fault. The police report can be a valuable tool in settlement negotiations, especially when you can demonstrate that the other driver was largely at blame based on the officer's observations. A lot of cases are settled without having to go to trial. It can take a while to complete the pre-trial procedures and your case could not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all of the information they need from you and the investigation into the car accident is complete, they will offer an offer for settlement. To create their initial offer, they'll enter all the information and details into an application on computers. Most likely, they'll produce a significantly less than the amount you calculated using your study. When insurance companies offer settlement offers, they've got their own financial interests in mind.

They'll want to limit how much they will have to pay for medical bills and other damages. You are able to fight back if you explain how your injuries will affect your life in the near future. You can, for example you can highlight the mounting medical bills and lost earning potential, as well being aware of the physical and mental suffering you're feeling.

You or your lawyer will then prepare a demand letter and present it to the insurance company. This letter will include all the evidence you have gathered including witness statements and photos of your injuries. You should also create the list of your non-negotiables so you can keep the insurance company from under-pricing you. If an agreement is reached the agreement will be recorded in an agreement for settlement in writing. Negotiations are usually back and forth process, but perseverance will assist you in negotiating an equitable settlement.

Legal Advice

The next step in a car accident lawsuit is discovery, during which both parties exchange information and evidence. Parties may seek medical records, police reports, and witness statements. The parties may also trade interrogatories, which are written questions that must be answered on an oath within certain times. Your attorney will also document the extent of physical emotional, psychological, and physical traumas you've suffered in addition to any other damages that could be sought, such as current and projected medical expenses as well as property damage and lost wages.

Your lawyer will confer with other experts, like mechanics, medical professionals and engineers. auto accident lawyer thornton can help the jury get a clear picture of your injuries and accident.





Finally, your attorney will begin discussions with insurance companies to attempt to settle your claim without a trial. If the insurance company doesn't offer you a fair settlement, or doesn't take into consideration your injuries and other losses, your case is likely to go to trial.

While a small number of cases do go to trial, it is crucial for victims to make a claim as soon as possible. Memories fade, witnesses die and evidence can disappear as time passes making it more difficult to build a strong case for the maximum amount of compensation. You must also comply with the statute of limitations for your state which can vary between 1 and 6 years.