Indisputable Proof That You Need Auto Accident Law Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages may be significant following an accident in the car. An experienced lawyer can help you in getting the compensation you deserve.

The process can vary from case to case, but generally, it starts with the filing of a complaint. Then follows the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an essential component of any auto accident lawsuit. They can assist jurors or judges to comprehend the impact of the injury on your life. This includes the emotional, financial physical, and emotional expenses. Medical records will also reveal the story that insurance companies will have a hard time disputing.

You might only have a particular amount of time, depending on the laws of your state and the policies of your doctor to request medical records. This is the reason why you should contact your lawyer immediately after an accident. auto accident law firm mission viejo and Accountability Act, or HIPAA guarantees your right to access these records. However, this doesn't mean that only you or your attorney can examine your medical records. Insurance companies are always looking for evidence that suggests that your injuries aren't as severe as you think or pre-existing.

Your lawyer will utilize the medical records you provide to draft the letter of demand that will include evidence in support of the damages you are seeking. It is imperative that your lawyer only provides relevant medical documents 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 in the best interest of your claim as it may reveal previous injuries that are not connected to the claim.

Reports of the Police

When a police officer responds to a request for help, including an accident, he produces a report. Even though they're not admissible in court (they are deemed to be hearsay) however, they provide valuable information to attorneys when conducting an investigation and preparing cases.

A police report is an objective account of the accident that is based on the witness testimony of the officer and his observations regarding the weather conditions, the drivers, and other aspects. It is a crucial piece of evidence that can aid in winning a lawsuit for car accidents.


You can usually request a copy from the precinct responsible for the investigation. Call their non-emergency phone number and provide an original receipt or an incident number as proof of identification. You can also request copies of police reports through the department's website.

After your medical expenses or property damage, as well as lost wages exceed an amount you can afford, you'll have to bring a lawsuit against the at-fault driver. The police report can be an effective tool in settlement negotiations, particularly when you can prove that the other driver was largely at fault based on the officer's observations. However, many cases reach an agreement without ever going to trial. Pre-trial proceedings can take a long time and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

Once an adjuster has all of the information they require from you, and the investigation into the accident is complete, they will offer an offer of settlement. They will put all the facts and details into a program that will make their initial offer. They'll likely be able to come up with a figure 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 wish to limit the amount they pay in medical bills and other damages. You are able to fight back if you point out how your injuries will impact your life in the future. You can, for example you can highlight the mounting medical bills and the loss of earning potential, as in the mental and physical suffering you're experiencing.

Your lawyer or you prepare a demand form and then present it to the insurance company. This will include all the evidence you have gathered including witness statements, photos of your injuries, as well as documentation supporting your losses. You'll also make the list of your non-negotiables to ensure you can stop the insurance company from undercutting you. After an agreement has been reached the written settlement agreement will reflect it. Negotiations are often a back and forth, however remaining patient will aid in achieving a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which the parties exchange information and evidence. Parties may request medical records, police reports as well as witness statements. The parties may also exchange interrogatories which are written questions which must be answered under oath within a certain time. Your attorney will also write down the severity of the physical, emotional, and psychological traumas you've suffered in addition to any other damages that might be sought out, such as future and current medical expenses along with property damage, lost wages.

Your lawyer will also talk with experts, such as medical experts mechanics, engineers, and mechanics. They will help paint a a vivid image of the accident and the extent of your injuries to the jury.

Your lawyer will begin negotiations with insurance companies to try to settle your claim without trial. If the insurance company doesn't offer an acceptable settlement or does not consider your injuries and other losses, your case is likely to go to trial.

Although few cases actually get to trial, it is vital for the victims to begin a lawsuit as soon as they can. Over time, memories fade, witnesses die and evidence is lost, making it more difficult to file a convincing claim for the most compensation. Additionally, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.