20 Resources That Will Make You Better At Auto Accident Law Phases of an Auto Accident Lawsuit

Car accident injuries could result in significant medical bills, property damage, and even lost wages. An experienced lawyer can assist you in obtaining the financial compensation you deserve.

The process may differ from case-to-case, but usually starts with the filing of an action. Then comes the discovery phase along with any appeals.

Medical Records

Medical records are an essential element in any auto accident lawsuit. They will help a jury or judge know how the injury had an impact on your life, including the physical, emotional and financial consequences of your injuries. Medical records can also tell a story that insurance companies will have a tough to dispute.

Based on auto accident lawsuit college station of your state and the policies of your doctor depending on your state's laws and your doctor's policy, you could have a limited amount of time to request medical documents from healthcare providers. This is the reason you should speak with your lawyer whenever you can after an accident. The law provides access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that you or your lawyer are the only ones able to look over your medical records. Insurance companies constantly look for evidence that could indicate your injuries may not be the severity you claim or if you have pre-existing injuries.

Your lawyer will make use of your medical records to prepare a demand letter which will include evidence to justify the damages you seek. It is essential to ensure that your lawyer provides relevant medical records to the insurance company, because they could ask you to sign an authorization that allows them to access all of your medical records. This is not in your best interests because it could reveal prior injuries that aren't connected to the current claim.

Police Reports

Every time a police officer responds to a call for help, including an accident, he creates a police report. Although they aren't admissible in the courts of law (they are deemed to be hearsay) they can provide valuable information to attorneys in the process of investigating and preparing cases.

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 aspects. It is an important piece of evidence that can help you win a lawsuit for car accidents.

You can typically request a copy from the police precinct that handled the investigation. Call their non-emergency line and provide an original receipt or an incident number to prove your identity. You can also request copies of police reports through the website of the police department.

You'll need to file a suit against the driver at fault once your medical bills as well as lost wages and damages to property reach a certain value. The police report can be an effective 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 a settlement without ever going to trial. Pre-trial proceedings can take a long time and your case may not be resolved until a year after filing it.

Insurance Company Negotiations

Once an adjuster has all the details they require from you and the investigation into the car accident is complete, they will offer an offer of settlement. They will input all the information and facts into a computer program to generate their initial offer. Most likely, they will come up with a much smaller number than what you estimated using your research. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll want to reduce the amount they'll need pay for your medical bills and other damage. You can fight back by highlighting all the ways your injuries will negatively impact your life going forward. For example, you can draw attention to your increasing medical bills, your decreased earning capacity, and the physical and emotional suffering you're experiencing.

Your attorney or you will then prepare an official demand letter and then present it to an insurance company. It will contain all the evidence you have collected, including statements from witnesses, photographs of your injuries as well as any documentation supporting your losses. You'll also prepare a list of the items you cannot negotiate, so you can stop the insurance company from undercutting you. If an agreement is reached it will be documented in the form of a written settlement agreement. Negotiations often involve back and forth, however being patient can aid in achieving a fair settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery, where both sides exchange information as well as evidence. Parties may require medical records or police reports, as well as witness statements. The parties may also exchange interrogatories which are written inquiries that must be answered on oath within a certain time. Additionally your lawyer will record the extent of your physical, emotional and psychological injuries and the additional damages you could seek to compensate for that are incurred, such as future medical expenses, property damage and lost wages.

Your lawyer will also talk with experts such as medical professionals mechanics, engineers and mechanics. These experts can assist the jury get clear information about your injuries and accident.

Your lawyer will then start negotiations with the insurance companies in order to settle your case without a trial. However, if the insurance company offers you an unsatisfactory settlement or fails to take your injuries and other damages into account the case could proceed to trial.


While a small number of cases do go to trial it is essential for victims to begin a lawsuit as soon as is possible. Over time memories fade, witnesses pass away and evidence is lost and it becomes more difficult to present a compelling case for the highest amount of compensation. Plus, you must comply with the statute of limitations in your state, which can be anywhere from one to six years.