Notes

10 Misconceptions Your Boss Holds About Auto Accident Law
Phases of an Auto Accident Lawsuit

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

The procedure can differ depending on the case, but generally, it starts with the filing of the complaint. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an essential part of any auto accident lawsuit. They can help the judge or jury understand how the injury has affected your life, as well as the emotional, physical and financial costs of your injuries. Medical records will also provide an insurance company a story they will have a difficult time disputing.

You might only have a particular amount of time, based on the laws in your state and the guidelines of your physician, to obtain medical records. This is why you should consult with a lawyer as soon as you can following an accident. The law safeguards your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer will be able to examine your medical records. Insurance companies are always looking for anything that could suggest your injuries might not be as severe as you think or have a pre-existing condition.

Your lawyer will use your medical records to prepare a demand letters, which will include evidence to support the damages you seek. Your lawyer should only supply the relevant medical records to your insurance company. They might ask you to authorize them to access your complete medical record. This is not beneficial to your claim as it may reveal past injuries not related to this claim.

auto accident attorney pearland Reports

Every time a police official responds to a request for assistance, or an accident, he creates a police report. Although they're not admissible in court (they are deemed to be hearsay), they do provide valuable information to attorneys when investigating an accident and preparing a case.

A police report gives an impartial account of the accident, based on the witness testimony of the officer and his observations of the weather conditions, the drivers, and other factors. It's a crucial document that can help you win your car accident lawsuit against the defendant.

Usually 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 also request copies of police reports through the police department's website.

You'll need to file a lawsuit against the driver at fault once your medical bills or lost wages property damage have reached an amount. The police report can be a valuable tool during settlement negotiations, especially if you can prove that the other driver was at blame based on the officer's observations. Many cases are settled without having to go to trial. It can take a while to go through the steps before trial and your case might not be resolved for a year or more.

Insurance Company Negotiations

Once the adjuster has all of the information they require from you and your vehicle accident investigation, he will make an offer to settle. In order to create their first offer, they'll input all the information and details into an online program. They'll likely produce a number which is significantly lower than the number you calculated from your research. It's important to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll want to reduce the amount they'll have to pay for your medical bills and other damages. You can fight back by pointing out all the ways that your injuries will affect your life in the future. You can, for example, point out your mounting medical bills and your lost earning potential, as in the mental and physical pain you're experiencing.

You or your lawyer will then prepare a demand letter and send it to the insurance company. The letter should include all of the evidence that you've gathered such as witnesses' statements and photographs of your injuries. You'll also make the list of your non-negotiables to ensure you can deter the insurance company from undercutting you. If an agreement is reached and ratified, it will be included in a written settlement agreement. It's common for a back-and-forth to occur during these negotiations, but remaining patient will help you achieve an equitable settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery, in which both sides exchange information as well as evidence. Parties can seek medical documents, police reports or witness statements. The parties can also exchange interrogatories, which are written questions which must be answered under an oath within the time limit. Additionally your attorney will provide documentation of the extent of your physical, emotional and psychological injuries and the additional damages you may seek compensation for, including existing and projected future medical expenses, property damage and lost wages.

Your lawyer will speak with other experts, like mechanics, medical professionals and engineers. These experts can help the jury get clear information about your injuries and the accident.

Your lawyer will then begin discussions with the insurance companies in order to resolve your case without trial. However, if the insurance company offers you an unsatisfactory settlement or does not take your injuries and other damages into consideration the case could go to trial.


Although few cases actually go to trial, it is vital for the victims to make a claim as soon as they can. With time memories fade, witnesses pass away, and evidence disappears, making it more difficult to make a strong claim to receive the maximum amount of compensation. Additionally, you must comply with the statute of limitations in your state, which can be anywhere from one to six years.

Here's my website: https://vimeo.com/707284110