Phases of an Auto Accident Lawsuit

Car crash injuries can result in substantial medical bills, property damage, and even lost wages. An experienced lawyer can help you get the compensation you require.

The process may differ from case to case but generally, it starts with the filing of a complaint. This is followed by the discovery phase along with any appeals.

Medical Records

Medical records are an important part of any auto accident lawsuit. They can help jurors or judges know how the injury had an impact on your life, including the physical, emotional and financial burdens of your injuries. Medical records can also tell an account that insurance companies will have a difficult to argue.

You may only have a certain amount of time, contingent on the laws in your state and the guidelines of your physician, to obtain medical records. This is the reason you should speak with your lawyer immediately after an accident. The law guarantees access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your attorney can access your medical records. Insurance companies are generally keen to discover anything that may suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will use the medical records that you supply to write a letter of demand that will include evidence supporting the damages you are seeking. It is important that your lawyer only send relevant medical records to the insurance company as they may ask you to sign an authorization that allows them to access all of your medical records. This is not the best option for your claim since it could reveal past injuries not related to this claim.

Reports of Police

Police reports are produced every time a law enforcement officer responds to an emergency and also car accidents. Although they are not admissible in a court of law (they are deemed to be hearsay), they provide valuable information to attorneys when they are investigating and preparing cases.

A police report provides an objective assessment of what happened during the crash, based upon witness testimony and observations by the officer regarding the damage to the vehicle, weather conditions, drivers and more. It is an important document that can assist you in winning your lawsuit for car accidents against the defendant.

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

You'll need to file a suit against the driver responsible when your medical bills as well as lost wages and property damage reach the amount of. The police report can prove to be a helpful tool during settlement negotiations, particularly if you can prove that the other driver was at blame based on the officer's observations. But, many cases settle an agreement without ever going to trial. It may take some time to complete the pre-trial steps and your case might not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the details they require from you as well as the investigation into the car chicago auto accident lawsuit, they will extend an offer of settlement. They will enter all the facts and details into a computer program in order to generate their initial offer. Most likely, they will come up with a much smaller number than what you estimated using your investigation. It's important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll seek to limit the amount they will have to pay for medical bills and other damages. You can fight back by pointing out all the ways your injuries will negatively impact your life in the future. You could, for instance highlight your growing medical bills, your diminished earning potential, as well as the mental and physical suffering you're feeling.

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've gathered such as witness statements and photos of your injuries. You will also create a list of non-negotiables to stop the insurance company from undervaluing your claim. When an agreement has been reached the written settlement agreement will reflect it. Negotiations are usually back and forth, but being patient can help you achieve an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which both parties exchange information and auto accident lawsuit evidence. The parties may request medical records, police reports and witness statements. The parties can also exchange interrogatories that are written questions that must be answered on an oath within certain times. In addition, your attorney will document the extent of your physical emotional and psychological injuries and the additional damages you could be seeking to recover that are incurred, such as future medical costs, property damage, and lost wages.

Your lawyer will confer with other experts, like mechanics, medical professionals and engineers. These experts will aid in painting a the vivid picture of the crash and your injuries for the jury.

Your attorney will then start negotiations with the insurance companies in order to resolve your case without trial. However, if the insurance company is willing to offer you a low amount of money or does not take your injuries and other damages into account, your case will likely go to trial.

Although few cases actually get to trial, it is essential for victims to make a claim as soon as they can. Over time, memories fade, witnesses pass away and evidence is lost, making it more difficult to establish a solid claim to receive the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.