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15 Shocking Facts About Auto Accident Law
Phases of an Auto Accident Lawsuit

Car crash injuries can result in significant medical bills, property damage and lost wages. An experienced attorney can assist you in receiving the amount you are due.

The procedure can differ depending on the case, but generally, it starts with the filing of a complaint. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are an essential component of any auto accident lawsuit. They will help the judge or jury to understand how the injury has affected your life, as well as the physical, emotional and financial consequences of your injuries. Insurance companies will be unable to argue with the information provided by medical records.

According to the laws of your state and the policies of your doctor, you may have the time to request medical records from your healthcare provider. You should consult your lawyer as soon after an accident as is possible. The law provides access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that you or your lawyer are the only ones who can look over your medical records. Insurance companies are always looking for anything that might suggest that your injuries aren't as severe as you think or if you have pre-existing injuries.

Your lawyer will utilize the medical records you provide to prepare a letter of demand that will include evidence in support of the damages you are seeking. It is essential that your lawyer only provide relevant medical documents to the insurance company because they could ask you to sign an authorization that allows them to access all your medical records. This is not the best option for your claim as it may reveal past injuries not related to the claim.

Reports of the Police

Police reports are prepared each time a law enforcement officer responds to an emergency or accident, such as car accidents. While they're not admissible in court (they are deemed to be hearsay), they do provide valuable information to attorneys investigating an incident and preparing the case.

A police report provides an impartial account of the accident from the witness' testimony as well as the officer's observations regarding the weather conditions, the drivers, and other elements. It is an important document that can aid you in winning your car accident lawsuit against the defendant.

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

After your medical bills and property damage as well as lost wages reach an amount you can afford, you will need to file a lawsuit against the driver at fault. The police report can be a valuable tool in settlement negotiations, particularly when you can establish the other driver's responsibility through the observations of the officer. Many cases are settled without going to trial. It can take a while to complete the pre-trial steps and your case may not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all of the information they require from you and the investigation into the accident, they will extend a settlement offer. They will input all the information and facts into a program that will create their initial offer. They'll likely produce a number which is lower than what you calculated from your study. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.


They'll want to reduce the amount they'll need pay for your medical bills and other damage. You can fight back if you explain the way your injuries will impact your life in the coming years. For example, you can highlight your growing medical bills, your lost earning potential, and the physical and emotional suffering you're suffering.

You or your lawyer will then draft a demand letter and then present it to the insurance company. The letter should contain all of the evidence that you have gathered including witnesses' statements and photographs of your injuries. You'll also prepare the list of your non-negotiables so you can deter the insurance company from negotiating with you. Once auto accident lawyer lake forest have reached an agreement, it will be reflected in an agreement to settle in writing. Negotiations can be a back and forth affair, but being patient can ensure a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which the parties exchange information and evidence. Parties can require medical records or police reports, and witness statements. The parties may also exchange interrogatories which are written questions which have to be answered on an oath within the time limit. Your attorney will also write down the severity of the physical psychological, emotional, and physical injuries you've suffered, and any other damages which could be sought, like the amount of medical expenses you are currently and in the future or property damage, as well as lost wages.

Your lawyer will speak with other experts like medical specialists, mechanics and engineers. These experts can assist the jury get a clear picture of the injuries and accidents you sustained.

Your attorney will then begin negotiations with insurance companies to settle your case without a trial. If the insurance company fails to provide you with an equitable settlement or doesn't take into consideration your injuries or other damages, your case is likely to be heard in court.

While a small number of cases do go to trial, it is crucial for victims to make a claim as soon as they can. With time, memories fade, witnesses pass away and evidence is lost and makes it harder to establish a solid claim to receive the maximum amount of compensation. You must also comply with the statute of limitations for your state which can vary from 1 to 6 year.

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