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15 Reasons You Shouldn't Be Ignoring Auto Accident Law
Phases of an Auto Accident Lawsuit

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


The procedure is different from case to case however, it generally begins with filing a complaint. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are a vital element of any auto accident case. They will help a judge or jury determine the impact of the accident on your life. This includes the emotional, financial physical and emotional costs. Insurance companies will have a hard time to dispute the story told by medical records.

You may only have a specific amount of time, contingent on the laws in your state and the policy of your doctor to obtain medical records. It is recommended to consult with your lawyer as soon after an accident as possible. The law protects your access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that you or your lawyer are the only ones who can view your medical records. Insurance companies are always looking for evidence that could indicate that your injuries aren't the severity you claim or pre-existing.

Your lawyer will utilize your medical records to prepare a demand letter that will include evidence to support the damages you're seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They may ask you to authorize them to access your entire medical record. This is not in your best interests as it could reveal past injuries that aren't related to the present claim.

Police Reports

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

A police report gives an impartial account of the accident, based on the witness' testimony and the officer's observations of the weather conditions, the drivers, and other factors. It is an important piece of evidence that can help you win your lawsuit for car accidents against the defendant.

Usually you can request a copy your police report from the precinct which handled the investigation by calling their non-emergency number and supplying an incident or receipt to identify the report. You can also request copies of records through the police department's website.

You'll need to file a suit against the driver responsible when your medical bills along with lost wages and property damage reach the amount of. The police report can be an effective tool during settlement negotiations, particularly when you can prove that the other driver was largely at fault based on the police officer's observations. However, many cases reach a settlement without ever going to trial. It may take some time to go through the pre-trial procedures and your lawsuit might not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the data they require from you, and the investigation into the accident is complete, they will offer a settlement offer. They will input all the information and facts into a computer program in order to make their initial offer. They'll probably arrive at a figure which is lower than what you calculated from your research. When insurance companies offer settlement offers, they have their own financial interests in their minds.

They will wish to limit the amount they pay in medical bills and other damages. You can counter by highlighting the ways in which your injuries could affect your life in the coming years. For instance, you can you can highlight the mounting medical bills and your lost earnings potential, as well as the physical and mental pain you're experiencing.

auto accident lawyer cape coral or your lawyer will prepare a demand form and present it to the insurance company. It should include all the evidence you've collected such as statements from witnesses, photographs of your injuries and any documents supporting your losses. You'll also prepare the list of your non-negotiables, so you can prevent the insurance company from undercutting you. Once an agreement is reached the settlement agreement written will reflect it. Negotiations can be a back and forth, but being patient can help you achieve an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which the parties exchange information and evidence. Parties can require medical records or police reports and witness statements. The parties can also exchange interrogatories that are written questions that have to be answered under an oath within certain times. Your lawyer will also record the severity of physical psychological, emotional, and physical injuries you've suffered, in addition to any other damages that might be sought, such as current and projected medical expenses, 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 accident.

Then, your lawyer will begin discussions with insurance companies to attempt to settle your claim with out a trial. If the insurance company doesn't offer you an acceptable settlement or does not consider your injuries and other damages your case is likely to be heard in court.

While a small number of cases do get to trial, it is vital for the victims to begin a lawsuit as soon as is possible. Memories fade, witnesses die and evidence can disappear in time, making it harder to make a strong case for maximum compensation. You must also adhere to your state's statute of limitations that can range from 1 to 6 year.

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