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14 Common Misconceptions About Auto Accident Law
Phases of an Auto Accident Lawsuit

Car accident injuries can result in substantial medical bills, property damage, and even lost wages. A knowledgeable attorney can help you get the compensation you require.

The process is different from case to case, however, generally it starts with filing a complaint. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are a vital part of any auto accident case. They will help jurors or judges to understand the impact of the accident on your life. This includes the emotional, financial physical, and emotional costs. Medical records will also tell an account that insurance companies will have a hard to argue.

According to the laws of your state and your doctor's guidelines, you may have only a short amount of time to request medical records from your healthcare provider. This is why you should speak with your lawyer as soon as you can following an accident. The law guarantees access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer can see your medical records. Insurance companies will often try to find anything that might suggest your injuries were pre-existing or not as severe as you claim.

Your lawyer will use the medical records you provide to prepare the letter of demand that will include evidence to support the damages you're seeking. It is crucial to ensure that your lawyer provides relevant medical documents to the insurance company, because they could ask you to sign a medical authorization that permits them to access all your medical records. This is not in your best interest since it could expose past injuries that aren't connected to the present claim.

Police Reports

Each time a police officer responds to a call for help, such as an accident, he produces a report. Even though they aren't admissible in court (they are considered to be hearsay) they can provide valuable information to attorneys investigating an incident and preparing an argument.

A police report is an objective assessment of what transpired in the accident, based on witnesses' statements and observations about the vehicles' damage, weather conditions, drivers, and so on. It's an important piece of evidence that could aid you in winning your lawsuit for car accidents against the defendant.


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

After your medical expenses as well as property damage and lost wages exceed the amount of a certain amount, then you'll have to file a lawsuit against the driver at fault. The police report can be an effective tool for settlement negotiations, particularly when you can establish the other driver's negligence based on observations made by the officer. However, many cases reach settlements without ever going to trial. It can take a while to work through the pre-trial process and your case may not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the information they require from you, and the investigation into the accident is complete, they will offer a settlement offer. To generate their first offer, they'll enter all the information and details into a computer program. Most likely, they'll make a smaller number than what you estimated in your research. When insurance companies offer settlement offers, they have their own financial interest in their minds.

They'll wish to limit the amount they pay in medical bills and other damages. You can fight back by highlighting all the ways your injuries will impact your life in the coming years. For example, you can draw attention to your increasing medical bills, your lost earning capacity and the emotional and physical pain you're going through.

You or your lawyer will then prepare a demand letter and send it to the insurance company. This letter will include all the evidence you've gathered such as witness statements and photos of your injuries. Additionally, you should create an outline of the things you will not negotiate to ensure that the insurance company is not undervaluing your claim. When an agreement is reached it will be documented in an agreement for settlement in writing. Negotiations often involve back and forth, however remaining patient will ensure a fair settlement.

Legal Advice

The next step in a car accident lawsuit is discovery, where the parties exchange information and evidence. Parties can require medical records or police reports, as well as witness statements. auto accident lawyer west covina can also send the other interrogatories (written questions that have to be answered under oath before the deadline). Your attorney will also record the extent of the physical psychological, emotional, and physical injuries you've suffered, in addition to any other damages which could be sought, like future and current medical expenses, property damage, and lost wages.

Your lawyer will talk to other experts, like medical specialists, mechanics and engineers. These experts will help paint a a vivid image of the accident and your injuries for the jury.

Your lawyer will then begin discussions with the insurance companies in order to settle your case without a trial. If the insurance company fails to provide you with a fair settlement or does not take into account your injuries and other losses, your case is likely to go to trial.

Although a small percentage of cases make it to trial, it is essential for victims to begin a lawsuit as soon as is possible. The memories fade, witnesses disappear and evidence may be lost in time and it becomes difficult to establish a compelling case for maximum compensation. You must also follow your state's statute of limitations which can range from 1 to 6 year.

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