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Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in substantial medical bills, property damage, and even lost wages. An experienced attorney can help you receive the compensation you require.

The process can vary from case-to-case, but typically, it begins with the filing of the complaint. Then comes the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential element in any auto accident case. They will help the judge or jury understand how the injury has affected your life, as well as the physical, emotional and financial cost of your injuries. Medical records will also provide a story that insurance companies will have a difficult to argue.

Depending on your state's laws and your doctor's guidelines You may be granted a limited amount of time to request medical documents from healthcare providers. This is the reason you should discuss your legal needs as soon as possible following an accident. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer are able to see your medical records. Insurance companies are always looking for anything that suggests your injuries might not be as severe as you claim or if you have pre-existing injuries.

Your lawyer will utilize your medical records to draft a demand letter, which will contain evidence to justify the damages you seek. Your lawyer should only give the relevant medical records to your insurance company. They might require you to give them permission to access your complete medical record. This is not beneficial to your claim as it may reveal previous injuries that are not connected to the claim.

Police Reports

When a police officer responds to a call for help, which could include an accident, he or she makes a police report. Although they cannot be admitted in a court of law (they are deemed to be hearsay) they can provide valuable information for attorneys when researching and preparing cases.





A police report provides an objective report of what happened during the accident, based on witness testimonies and the officer's observations regarding the damage to the vehicle as well as weather conditions, drivers, and so on. It's an important evidence that can aid you in winning a car accident lawsuit.

Typically you can request a copy of your police report from the precinct that was responsible for the investigation by calling their non-emergency line and providing an incident or receipt to identify it. The police department might also have a website where you can request copies of records online.

You will need to file a lawsuit against the driver at fault when your medical bills or lost wages damages to property reach an amount. The police report can be a valuable tool during settlement negotiations, particularly when you can prove that the other driver was at fault based on the officer's observations. However, many cases reach a settlement without ever 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

When the adjuster has all of the details they require from you and your car accident investigation, they will make an offer for settlement. To make their first offer, they'll input all the information and details into the computer program. They will most likely come up with a number which is lower than what you calculated from your investigation. When insurance companies make settlement offers, they've got their own financial interest in mind.

They'll seek to limit the amount they are required to pay for medical bills and other damages. You can fight back if you point out how your injuries will negatively impact your life in the coming years. For auto accident lawsuit irving , you can highlight your growing medical bills, the loss of earning potential, and the physical and emotional suffering that you're currently experiencing.

Your lawyer or you create a demand letter and present it to the insurer. It should include all the evidence you've gathered, including statements from witnesses, photographs of your injuries, and any documents that support your losses. Additionally, you should create an outline of the things you will not negotiate to stop the insurance company from undervaluing your claim. If an agreement is reached, it will be reflected in a written settlement agreement. Negotiations can be a back and forth, however staying patient will ensure an equitable settlement.

Legal Advice

The next phase in the car accident lawsuit is discovery, where both sides exchange information and evidence. The parties may seek medical documents, police reports or witness statements. The parties may also trade interrogatories that are written questions which must be answered under an oath within certain times. Your attorney will also write down the severity of physical, emotional, and psychological injuries you've suffered, in addition to any other damages that could be sought out, such as the amount of medical expenses you are currently and in the future or property damage, as well as lost wages.

Your lawyer will consult with other experts like medical specialists, mechanics, and engineers. These experts can assist the jury to get a clear picture of your accident and injuries.

Your lawyer will then begin negotiations with insurance companies to resolve your case with no trial. If the insurance company is willing to offer you an unsatisfactory settlement or does not take your injury and other damages into account the case will proceed to trial.

It is important that victims file a suit as soon as they can even though very few cases will ever make it to the courtroom. Memories fade, witnesses pass away, and evidence can be lost over time and it becomes difficult to establish a compelling case for maximum compensation. It is also important to adhere to your state's statute of limitations which can range from 1 to 6 year.