Notes

This Is The Advanced Guide To Auto Accident Law
Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in substantial medical bills, property damage, and even lost wages. An experienced lawyer can help you in receiving the justice you deserve.

The procedure varies from case to case however, it generally begins with filing a complaint. This is followed by the discovery phase along with any appeals.

Medical Records

Medical records are an essential part of any auto accident lawsuit. They can help the jury or judge understand the impact of the injury on your life. This includes the emotional, financial, and physical costs. Medical records can also tell an account that insurance companies will have a difficult to dispute.

You might only have a limited amount of time, contingent on the laws of your state and the policies of your doctor to request medical records. Consult with your lawyer as soon after an accident as is possible. The law safeguards your access to these records with the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones to view 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 your medical records in order to prepare a demand letter which will include evidence to justify the damages you are seeking. It is important that your lawyer only send relevant medical documents to the insurance company, since they might ask you to sign an authorization that permits them to access all your medical records. This is not in your best interest because it could reveal prior injuries that aren't related to the present claim.

Police Reports

Every time a police officer responds to a request for help, such as an accident, he or she produces a report. Although they aren't admissible in the courts of law (they are deemed to be hearsay) they are valuable information to attorneys when they are investigating and preparing their cases.

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

Typically you can request a copy of your police report from the local police department that was responsible for the investigation by calling their non-emergency phone number and supplying the receipt or incident number to identify the report. You can request copies of the report on the police department's website.

After your medical bills and property damage as well as lost wages reach a certain amount, you will need to make a claim against the driver who is at fault. The police report can prove to be a helpful tool during settlement negotiations, particularly in cases where you can show that the other driver was largely 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 go through the steps before trial and your case might not be resolved for a long time.

Insurance Company Negotiations

Once the adjuster has all of the information he needs from you and your vehicle accident investigation, he'll make an offer for settlement. To generate their first offer, they will enter all the information and details into a computer program. Most likely, they'll make a smaller number than what you estimated using your investigation. When insurance companies offer settlement offers, they've got their own financial interest in the back of their heads.

They'll want to limit the amount they have to pay for medical expenses and other damage. You can counter by highlighting all the ways your injuries will affect your life in the near future. For instance, you can you can highlight the mounting medical bills, your diminished earnings potential, as well as the physical and mental pain you're experiencing.

auto accident attorneys thornton or you then prepare a demand letter and present it to the insurer. It will contain all the evidence you've gathered, including witness statements, photographs of your injuries, as well as evidence to support your losses. You'll also prepare a list of your non-negotiables to ensure you can prevent the insurance company from undercutting you. When an agreement is reached the agreement will be recorded in an agreement for settlement in writing. Negotiations are usually back and forth, however perseverance will help you achieve an equitable settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery, during which both sides exchange information as well as evidence. Parties may seek medical records, police reports and witness statements. They may also send each other interrogatories (written questions that must be answered under oath by the deadline). Your attorney will also record the extent of physical emotional, psychological, and physical injuries you've suffered, as well as any other damages that may be sought, like the amount of medical expenses you are currently and in the future, property damage, and lost wages.

Your lawyer will also confer with experts, such as medical experts as well as mechanics and engineers. These experts can assist the jury to get clear information about your injuries and the accident.

Your lawyer will then begin negotiations with the insurance companies to settle your case without trial. If the insurance company does not provide you with an acceptable settlement or does not consider your injuries and other damages your case will likely be heard in court.

While a small number of cases do go to trial, it is important for victims to begin a lawsuit as soon as is possible. Memories fade, witnesses die and evidence can disappear as time passes and make it difficult to make a strong case for maximum compensation. You must also adhere to the statute of limitations in your state which can vary between 1 and 6 years.

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