An Auto Accident Law Success Story You'll Never Be Able To Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages may be significant following an auto accident. An experienced attorney can help to get the compensation you require.

The process is different from case-to-case, however, it generally begins with filing a complaint. Then follows the discovery phase along with any appeals.

Medical Records

Medical records are an essential part of any auto accident case. They can help a judge or jury determine the impact of the injury on your life. This includes the emotional, financial, and physical costs. Medical records can also tell an insurance company a story they will have a hard to dispute.

You may only have a specific amount of time, contingent on the laws of your state and the policy of your doctor, to obtain medical records. Consult with your lawyer as soon following an accident as it is possible. The law protects your 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 are often keen to uncover anything that could suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will utilize your medical records to prepare a demand letters, which will contain evidence to justify the damages you're seeking. It is crucial that your lawyer only provides relevant medical documents to the insurance company, as they may request you to sign a medical authorization that permits them to access all your medical records. This is not in your best interest as it could reveal past injuries that are not related to the current claim.

Reports of Police

Police reports are created each time a law enforcement officer responds to an emergency or accident, such as car accidents. Although they are not admissible in a court of law (they are considered to be hearsay) they can provide valuable information for attorneys who are investigating and preparing their cases.

A police report is an independent account of the crash which is based on the witnesses testimony of the officer and his observations regarding the weather conditions, the drivers, and a variety of other factors. It's an important evidence piece that can assist you in winning your car accident lawsuit against the defendant.

You can typically request a copy from the precinct that was responsible for the investigation. Contact their non-emergency number and provide an original receipt or an incident number to prove your identity. The police department might have a website where you can request copies online.

After your medical bills and property damage as well as lost wages are at the amount of a certain amount, then you will need to file a lawsuit against the driver at fault. The police report can be an effective tool in settlement negotiations, especially if you can prove that the other driver was largely at blame based on the officer's observations. However, auto accident attorneys north las vegas reach settlements without ever going to trial. The pre-trial process can be long and your case might not be resolved until one year after you file it.

Insurance Company Negotiations

Once the adjuster has all of the details they require from you as well as your car accident investigation, they'll make an offer of settlement. To create their initial offer, they'll enter all the information and details into the computer program. Most likely, they will make a smaller amount than you anticipated based on your investigation. 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 limit how much they pay in medical bills and other damages. You can fight back when you point out how your injuries will negatively affect your life in the near future. For instance, you could point to your mounting medical bills, your diminished earning potential, and the emotional and physical pain you're suffering.

Your lawyer or attorney will then prepare a demand letter and send it to the insurer. This letter will include all of the evidence that you've collected, including witnesses' statements and photographs of your injuries. You should also create an inventory of the items you cannot negotiate, so you can prevent the insurance company from under-pricing you. When an agreement has been reached, the written settlement agreement will reflect it. Negotiations can be a back and forth, however staying patient will aid in achieving an equitable settlement.

Legal Advice


Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. The parties may seek medical records, police reports, and witness statements. The parties will also exchange interrogatories that are written questions which must be answered under the oath within a specified time. Additionally your attorney will provide documentation of the extent of your physical, emotional and psychological injuries in addition to the other damages you could seek compensation for that are incurred, such as future medical expenses, property damage and lost wages.

Your lawyer will talk to other experts, including mechanics, medical specialists and engineers. They will help paint a a vivid picture of the crash and your injuries for the jury.

Your lawyer will begin discussions with insurance companies to attempt to resolve your claim without trial. If the insurance company doesn't offer you a fair settlement or does not consider your injuries or other damages, your case is likely to be heard in court.

It is important that victims file a lawsuit promptly, even if only a handful of cases are heard in court. With time, memories fade, witnesses pass away and evidence is lost and it becomes more difficult to establish a solid claim for the most compensation. Additionally, you must comply with the statute of limitations in your state, which could range from 1 to 6 years.