Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages may be significant after an auto accident. A knowledgeable attorney can help you receive the compensation that you need.

The process varies depending on the case, however, generally it starts with filing a complaint. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an essential element in any watchung auto accident law firm accident case. They will assist the judge or jury understand vehicle how the injury has impacted your life, including the emotional, physical and financial costs of your injuries. Insurance companies will find it difficult to dispute the story told by medical records.

You might only have a limited period of time, based on the laws of your state and the policy of your doctor to obtain medical records. You should consult your lawyer as soon after an accident as possible. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these medical records. However, this doesn't mean that you or your lawyer are the only ones who can view your medical records. Insurance companies constantly look for evidence that could suggest your injuries might not be as severe as you claim or if you have pre-existing injuries.

Your lawyer will use the medical records you provide to prepare a letter of demand that will include evidence in support of the damages you are seeking. Your lawyer should only provide the relevant medical records to your insurance company. They may request you to allow them to access your entire medical record. This is not the best option for your claim as it may expose past injuries that are not relevant to this claim.

Police Reports

Police reports are produced every time a law enforcement officer responds to an emergency call or accident, such as car accidents. While they're not admissible in court (they are deemed to be hearsay), they do provide important information to attorneys when investigating an accident and preparing cases.

A police report provides an objective report of what happened in the accident, based on witness testimonies and the officer's observations about the vehicles' damage and weather conditions, drivers and more. It's an important piece of evidence that could help you win a lawsuit in a car accident.

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

When your medical bills, property damage and lost wages are at the amount of a certain amount, then you'll have to make a claim against the driver who is at fault. The police report is an effective tool for settlement negotiations, particularly when you can prove the other driver's responsibility based on observations made by the officer. In many cases, however, the parties reach settlements without ever going to trial. The process of preparing for trial can be lengthy and your case may not be resolved until one year after filing it.

Insurance Company Negotiations

When the adjuster has all the information they require from you and your vehicle accident investigation, he'll make a settlement offer. In order to create their first offer, they will enter all the details and facts into an online program. Most likely, they will produce a significantly smaller amount than you anticipated based on your study. When insurance companies offer settlement offers, they have their own financial interests in their minds.

They'll want to limit the amount they'll need to pay for your medical expenses and other damages. You can fight back by pointing out all the ways that your injuries could affect your life in the future. For example, you can draw attention to your increasing medical bills, your lost earnings capacity and the physical and emotional suffering that you're currently experiencing.

Your lawyer or attorney will then draft a demand letter and send it to the insurer. It will contain all the evidence you've collected and include witness statements, photos of your injuries and any documents supporting your losses. You'll also make an inventory of the items you cannot negotiate, so you can keep the insurance company from under-pricing you. After an agreement has been reached the settlement agreement written will reflect it. Negotiations can be a back and forth, but staying patient will assist you in negotiating an equitable settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery, during which both sides exchange information and evidence. The parties can request medical records, police reports, and witness statements. The parties will also exchange interrogatories, which are written questions which have to be answered on an oath within the time limit. Your lawyer will also record the severity of the physical mental, emotional, or psychological injuries you've sustained, and any other damages that may be sought out, such as current and projected medical expenses, property damage, and lost wages.

Your lawyer will consult with other experts, such as mechanics, medical professionals, and engineers. These experts can assist the jury to get an accurate picture of your accident and injuries.

Then, your lawyer will begin discussions with insurance companies to try to settle your claim without trial. If the insurance company is willing to offer you a low amount of money or does not take your injury and other damages into consideration the case will be heard at trial.

It is vital that victims file a lawsuit immediately even though very few cases are heard in the courtroom. Memory fades, witnesses pass away, and evidence can be lost as time passes making it more difficult to establish a compelling argument for the most compensation. You must also follow your state's statute of limitations, which can vary from 1 to 6 year.