5 Tools Everyone Within The Auto Accident Law Industry Should Be Utilizing Phases of an Auto Accident Lawsuit

Car accident injuries can result in substantial medical bills along with property damage and lost wages. An experienced lawyer can help you in obtaining the financial justice you deserve.

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 part of any auto accident case. They can help jurors or judges know the effects of the accident on your life. This includes the financial, emotional, and physical costs. Insurance companies will be unable to refute the story portrayed by medical records.


According to the laws of your state and your doctor's guidelines You may be granted limited time to request medical records from your healthcare provider. You should consult your lawyer as soon after an accident as it is possible. The law safeguards your access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your attorney can view your medical records. Insurance companies constantly look for evidence that could indicate your injuries may not be as severe as you claim or pre-existing.

Your lawyer will utilize your medical records to create a demand letter which will include evidence to support the damages you're seeking. auto accident attorney oakland is crucial to ensure that your lawyer provides relevant medical records to the insurance company, as they may request you to sign an authorization that permits them to access all your medical records. This is not in your best interests because it could reveal prior injuries that aren't directly related to the current claim.

Police Reports

When a police officer responds to a request for help, which could include an accident, he makes a police report. Even though they aren't admissible in court (they are considered hearsay) They can provide invaluable information to attorneys conducting an investigation and preparing a case.

A police report is an objective account of the accident, based on the witness' testimony and the officer's observations regarding the weather conditions, drivers, and other aspects. It is a significant evidence piece that can assist you in winning your car accident lawsuit against the defendant.

You can typically request a copy from the police precinct that handled the investigation. Call their non-emergency phone number and provide a receipt or an incident number for identification. The police department might have a website on which you can request copies of your records online.

You'll need to file a suit against the driver responsible once your medical bills, lost wages, and damages to property 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 largely at fault based on the police officer's observations. Many cases end up reaching settlements without ever going to trial. It may take some time to go through the steps before trial and your case may not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all of the information they require from you as well as the car accident investigation is complete, they will offer a settlement offer. To make their first offer, they'll input all the details and facts into an online program. They will most likely arrive at a figure that's much lower than what you calculated based on your research. When insurance companies make settlement offers, they have their own financial interests in the back of their heads.

They'll want to limit the amount they have to pay for medical bills and other damage. You can counter by highlighting the many ways that your injuries will affect your life in the near future. For example, you can draw attention to your increasing medical bills, the loss of earning potential, and the emotional and physical suffering you're experiencing.

You or your attorney will then draft an order letter and present it to an insurer. This letter should include all the evidence you've collected, including witness statements and photos of your injuries. Also, you will create a list of the non-negotiables that will prevent the insurance company from undervaluing your claim. Once you have reached an agreement it will be documented in an agreement to settle in writing. Negotiations can be a back and forth, however being patient can help you achieve a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which both parties exchange information and evidence. Parties may seek medical records, police reports, and witness statements. They may also send the other interrogatories (written questions to be answered under oath by deadline). In addition, your attorney will document the extent of your physical emotional and mental injuries and any other damages you might be seeking to recover, including existing and projected future medical costs, property damage, and lost wages.

Your lawyer will also talk with experts, such as medical experts, mechanics and engineers. These experts can assist the jury to get a clear picture of your accident and injuries.

Then, your lawyer will begin negotiations with insurance companies to try to settle your claim with out a trial. However, if the insurance company offers an unsatisfactory settlement or does not take your injuries and other damages into account your case is likely to be heard at trial.

While a small number of cases do get to trial, it is vital for the victims to begin a lawsuit as soon as they can. With time, memories fade, witnesses die and evidence is lost and makes it harder to present a compelling case for the highest amount of compensation. It is also important to adhere to the statute of limitations in your state, which can vary from 1 to 6 year.