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Phases of an Auto Accident Lawsuit

Injuries from car crashes could result in significant medical bills along with property damage and lost wages. An experienced lawyer can assist you in obtaining the amount of compensation you deserve.

The process may differ from case to case, but generally it begins with the filing of an action. This is followed by the discovery phase, trial and any appeals.

Medical Records

Medical records are an essential part of any auto accident case. They will aid the judge or jury understand how the injury has affected your life, including the emotional, physical and financial costs of your injuries. Insurance companies will be unable to refute the story portrayed by medical records.

You might only have a particular amount of time, based on the laws of your state and the policy of your doctor, to request medical records. Consult with your lawyer as soon following an accident as is possible. The law guarantees access to these records with the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer will be able to see your medical records. Insurance companies are usually keen to look for anything that could suggest your injuries were pre-existing or not as severe as you claim.

Your lawyer will use the medical information that you supply to write a letter of demand that will include evidence to support the damages you want. It is important that your lawyer only provides relevant medical documents to the insurance company, as they may ask you to sign a medical authorization that allows them to access all of your medical records. This is not in the best interest of your claim, as it could reveal past injuries not related to the claim.

Reports of the Police

Police reports are created each time a law enforcement officer responds to an emergency, including car accidents. Even though they're not admissible in court (they are considered hearsay) however, they provide invaluable information to attorneys investigating an accident and creating a case.

A police report gives an objective account of the incident, based on the witness testimony of the officer and his observations regarding the weather conditions, drivers, and other aspects. It is an important piece of evidence that can aid in winning a car accident lawsuit.

You can usually request a copy from the precinct that was responsible for the investigation. Call their non-emergency line and provide a receipt or an incident number as proof of identification. You can request copies of the report through the website of the police department.

When your medical bills as well as property damage and lost wages reach a certain amount, you'll have to make a claim against the driver at fault. The police report can be a useful tool in settlement negotiations, particularly if you can prove that the other driver was largely at blame based on the officer's observations. Many cases are settled without going to trial. It could take a long time to complete the steps before trial and your case could not be resolved for a year or more.

Insurance Company Negotiations





Once an adjuster has all the data they require from you, and the investigation of the car accident, they will extend an offer of settlement. They will then input all the information and facts into a program that will make their initial offer. Most likely, they'll come up with a much lower number than you calculated based on your study. When insurance companies make settlement offers, they have their own financial interest in the back of their heads.

They'll want to reduce the amount they have to pay for medical bills and other damages. You can fight back by highlighting all the ways your injuries will impact your life in the near future. For instance, you can draw attention to your increasing medical bills, your lost earning potential, and the physical and emotional suffering that you're currently experiencing.

You or your attorney will then draft an official demand letter and then present it to an insurer. This will include all the evidence you've collected and include witness statements, photos of your injuries and any documents that support your losses. Also, you will create a list of the non-negotiables that will ensure that the insurance company is not undervaluing your claim. Once an agreement is reached and ratified, it will be included in an agreement to settle in writing. It's normal for a back-andforth to occur during these negotiations, but remaining calm will allow you to reach an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. Parties may request medical documents, police reports or witness statements. The parties may also trade interrogatories, which are written questions which must be answered under oath within a certain time. Your attorney will also write down the severity of the physical, emotional, and psychological injuries you have suffered, as well as any other damages that might be sought, like the current and anticipated medical expenses along with property damage, lost wages.

Your lawyer will consult with other experts, such as mechanics, medical specialists, and engineers. These experts will aid in painting a an appealing picture of the crash and your injuries for the jury.

Then, your lawyer will begin negotiations with insurance companies to attempt to settle your claim with out a trial. However, if auto accident attorneys kansas city is willing to offer you a low amount of money or does not take your injury and other damages into account the case could go to trial.

Although a small percentage of cases go to trial, it is important for victims to make a claim as soon as is possible. Memories fade, witnesses can pass away, and evidence can be lost over time making it more difficult to build a strong case for maximum compensation. Furthermore, you have to comply with the statute of limitations in your state, which can range from 1 to 6 years.