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Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages can be substantial after an accident in the car. An experienced lawyer can help you in obtaining the financial justice you deserve.

The process is different from case to case however, it generally begins with filing an action. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an essential element of any auto accident case. They will help the judge or jury to understand how the injury has affected your life, including the emotional, physical and financial cost of your injuries. Insurance companies will have a hard time to challenge the narrative told by medical records.

You may only have a specific amount of time, depending on the laws in your state and the policy of your doctor to obtain medical records. Consult with your lawyer as soon following an accident as it is possible. The law protects your access to these records through the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer are able to access your medical records. Insurance companies are always looking for any sign that could suggest that your injuries aren't as severe as you claim or that you have a pre-existing condition.

Your lawyer will make use of the medical records you provide to prepare a letter of demand that includes evidence to justify the damages you want. Your lawyer should only supply the relevant medical records to your insurance company. They may ask you to authorize them to access your entire medical record. This is not in the best interest of your claim since it could expose past injuries that are not relevant to this claim.

Reports of Police

Every time a police official responds to a request for help, including an accident, he creates a police report. Even though they're not admissible in court (they are considered hearsay), they do provide invaluable information to attorneys investigating an accident and preparing an argument.

A police report gives an independent account of the crash that is based on the witness' testimony and the officer's observations regarding the weather conditions, the drivers, and a variety of other factors. It's an important piece of evidence that could aid in winning a lawsuit for car accidents.

Usually, you can request a copy your police report from the precinct which was responsible for the investigation by calling their non-emergency phone number and supplying an incident or receipt to identify it. The police department might have a website on which you can request copies of the records online.

You'll have to file a lawsuit against the driver at fault when your medical bills, lost wages, and damages to property reach a certain value. The police report can be an important tool in settlement negotiations, especially in cases where you can prove other driver's fault in the light of observations made by the officer. Many cases end up reaching an agreement without going to trial. It could take a long time to complete the pre-trial procedures and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

Once the adjuster has all the information he needs from you as well as your car accident investigation, they'll make an offer to settle. They will put all the facts and details into a program that will make their initial offer. Most likely, they'll produce a significantly smaller amount than you anticipated using your study. It's important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll want to reduce the amount they'll need pay for medical bills and other damages. You can fight back by pointing out the ways in which your injuries could affect your life in the coming years. For instance, you could you can highlight the mounting medical bills, your diminished earnings potential, as well as the mental and physical pain you're experiencing.

Your attorney or you will then prepare a letter of demand and then present it to an insurance company. This will include all the evidence you've collected such as statements from witnesses, photographs of your injuries and any documents that support your losses. Also, you will create an inventory of non-negotiables in order to ensure that the insurance company is not undervaluing your claim. If an agreement is reached the agreement will be recorded in a written settlement agreement. It's not uncommon for back-and-forth to occur during these negotiations, but remaining 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. The parties can request medical records, police reports and witness statements. auto accident lawsuit evanston can also send any additional interrogatories (written questions that have to be completed under oath at the expiration of a specific time). Additionally, your attorney will document the extent of your physical, emotional and psychological injuries and the additional damages that you could seek compensation for such as current and anticipated future medical costs, property damage, and lost wages.

Your lawyer will speak with other experts, including mechanics, medical professionals, and engineers. These experts can help the jury to get clear information about your injuries and accident.

Then, your lawyer will begin negotiations with insurance companies to attempt to settle your claim without a trial. If the insurance company does not offer an acceptable settlement or does not consider your injuries or other damages, your case will likely go to trial.

While only a few cases get to trial, it is crucial for victims to make a claim as soon as they can. With time memories fade, witnesses pass away, and evidence disappears which makes it more difficult to make a strong claim for the highest amount of compensation. You must also follow the statute of limitations for your state which can vary between 1 and 6 years.