Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages could be significant following an accident. An experienced attorney can help you receive the compensation you require.

The procedure is different depending on the case, however, it generally begins with filing a complaint. The discovery phase, trial and appeals follow.

Medical Records

Medical records are a vital element in any auto accident lawyers accident case. They will assist jurors or judges to understand the impact of the injury on your life. This includes the financial, emotional physical, and emotional costs. Medical records can also tell a story that insurance companies will have a tough to dispute.

Based on the laws of your state and the policies of your doctor You may be granted only a short amount of time to request medical records from your healthcare provider. You should speak with your lawyer as soon after an accident as you can. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your lawyer are able to access your medical records. Insurance companies are generally keen to find anything that might suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will use your medical records to create a demand letter which will contain evidence to support the damages you're seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They may ask you to grant them permission to access your complete medical record. This is not in your best interests since it could expose past injuries that aren't related to the current claim.

Police Reports

Police reports are produced each time a law enforcement officer responds to an emergency call, including car accidents. While they cannot be used in a court of law (they are deemed to be hearsay) they can provide valuable information to attorneys when they are investigating and preparing cases.

A police report provides an objective account of the incident which is based on the witnesses testimony of the officer and his observations of the weather conditions, drivers, and other elements. It is an important piece of evidence that can aid you in winning your car accident lawsuit against the defendant.

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

You'll have to file a lawsuit against the driver who was at fault once your medical bills or lost wages property damage have reached a certain value. The police report can prove to be a helpful tool in settlement negotiations, especially when you can prove that the other driver was largely at fault, based on an officer's observations. However, many cases reach an agreement without ever going to trial. It could take a long time to complete the pre-trial process and Auto Accident Lawsuit your case might not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all of the information they require from you, and the investigation into the car accident is complete, they will offer a settlement offer. They will then input all the facts and details into a computer program in order to create their initial offer. Most likely, they will come up with a much smaller amount than you anticipated based on your research. When insurance companies make settlement offers, they've got their own financial interest in the back of their heads.

They'll be looking to reduce the amount they have to pay in medical bills and other damages. You can fight back when you highlight the way your injuries will impact your life in the coming years. For example, you can draw attention to your increasing medical bills, your diminished earning capacity, and the physical and emotional suffering that you're currently experiencing.

You or your attorney will create a letter of demand and then present it to an insurance company. This letter will include all of the evidence that you've gathered such as witnesses' statements and photographs of your injuries. Also, you'll make the list of the items you cannot negotiate, so you can deter the insurance company from lowballing you. If an agreement is reached it will be documented in an agreement to settle in writing. Negotiations can be a back and forth process, but staying patient will help you achieve an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which the parties exchange information and evidence. Parties may request medical documents, police reports or witness statements. They will also send each other interrogatories (written questions that must be answered under oath by the end of a specified time). Your attorney will also write down the extent of physical mental, emotional, or psychological injuries you have suffered, and any other damages that might be sought, like future and current medical expenses along with property damage, lost wages.

Your lawyer will speak with other experts, such as medical specialists, mechanics, and engineers. These experts will help paint an accurate image of your crash and the extent of your injuries to the jury.

Finally, your attorney will begin discussions with insurance companies to attempt to settle your claim with out a trial. However, if the insurance company offers an unsatisfactory settlement or does not take your injury and other damages into account, your case will likely be heard at trial.

It is crucial that victims file a lawsuit as soon as possible, auto accident lawsuit even though only a few cases make it to court. With time, memories fade, witnesses pass away, and evidence disappears, making it more difficult to make a strong claim for the highest amount of compensation. You must also adhere to the statute of limitations in your state which can range from 1 to 6 year.