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Three Reasons Why Your Auto Accident Law Is Broken (And How To Fix It)
Phases of an Auto Accident Lawsuit

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

The procedure varies from case to case but generally starts by filing an action. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an essential part of any auto accident lawsuit. They can help the judge or jury determine how the accident has impacted your life, including the physical, emotional and financial burdens of your injuries. Insurance companies will have a hard time to argue with the information provided by medical records.

Based on the laws of your state and the policy of your doctor depending on your state's laws and your doctor's policy, you could have a limited amount of time to request medical records from your healthcare provider. Consult with your lawyer as soon following an accident as you can. The law protects your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones who are able to view your medical records. Insurance companies are always looking for any sign that could suggest your injuries may not be as serious as you claim or pre-existing.

Your lawyer will utilize the medical records you provide to create the letter of demand, which will include evidence to support the damages you are seeking. It is essential to ensure that your lawyer provides relevant medical documents to the insurance company, since they might ask you to sign an authorization that allows them to access all your medical records. This is not the best option for your claim because it could reveal injuries from the past that are not related to the claim.

Reports of the Police

Police reports are prepared every time a law enforcement officer responds to an emergency call and also car accidents. While they cannot be used in the courts of law (they are deemed to be hearsay) They are a valuable source of information to attorneys in the process of investigating and preparing cases.

auto accident attorney berkeley is an objective assessment of what happened during the crash, based upon witness statements and the officer's observations regarding the damage to the vehicle, weather conditions, drivers, and so on. It is a crucial piece of evidence that could assist you in winning a lawsuit for car accidents.

Typically, you can request a copy your police report from the police station that handled the investigation by calling their non-emergency line and providing an incident or receipt to identify the report. You can also request copies of records through the police department's website.

When your medical bills, property damage and lost wages reach an amount you can afford, you will need to start a lawsuit against the at-fault driver. The police report can prove to be a helpful tool in settlement negotiations, particularly in cases where you can show that the other driver was at fault based on the officer's observations. A lot of cases are settled without having to go to trial. It can take time to work through 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 they require from you and your vehicle accident investigation, he will make an offer of settlement. They will input all the information and facts into a software program to make their initial offer. They'll most likely be able to come up with a figure which is lower than what you calculated based on your investigation. 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 to pay for medical bills and other damage. You can fight back by highlighting all the ways that your injuries could affect your life in the future. For example, you can point to your mounting medical bills, your diminished earnings capacity and the emotional and physical suffering you're going through.

Your attorney or you prepare the letter of demand and submit it to an insurer. This will include all the evidence you've collected and include statements from witnesses, photographs of your injuries and any documents supporting your losses. You'll also prepare a list of your non-negotiables to ensure you can prevent the insurance company from undercutting you. Once an agreement is reached and ratified, it will be included in the form of a written settlement agreement. It's normal for a back and forth to take place during these negotiations, but remaining patient will help you achieve an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. Parties can request medical records, police reports as well as witness statements. They may also send any additional interrogatories (written questions that have to be answered under oath by end of the specified time). In addition your attorney will provide documentation of the extent of your physical emotional and psychological injuries and any other damages you might seek to compensate for such as current and anticipated future medical expenses, property damage and lost wages.

Your lawyer will talk to other experts, including mechanics, medical experts and engineers. These experts will aid in painting a an appealing image of your crash and the injuries you sustained for the jury.


Your lawyer will then begin discussions with insurance companies in order to resolve your case without trial. If the insurance company does not offer an acceptable settlement or does not take into account your injuries or other damages, your case is likely to be heard in court.

Although a small percentage of cases get to trial, it is vital for the victims to start a lawsuit as quickly as possible. Over time, memories fade, witnesses die, and evidence disappears which makes it more difficult to make a strong claim for maximum compensation. Plus, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.

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