Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages could be significant after an auto accident attorney accident. An experienced lawyer can help to get the compensation you need.

The procedure varies depending on the case, however, generally it starts with filing an action. This is followed by the discovery phase along with any appeals.

Medical Records

Medical records are an essential element in any auto accident law firm (Vimeo published a blog post) accident case. They can help jurors or judges determine how the accident has had an impact on your life, including the emotional, physical and financial cost of your injuries. Insurance companies will find it difficult to refute the story portrayed by medical records.

You may only have a certain period of time, based on the laws of your state and the policy of your doctor, to obtain medical records. This is why it is important to consult with a lawyer immediately following an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA is a law that protects your right to access these documents. This doesn't mean you or your lawyer are the only ones able to view your medical records. Insurance companies are always looking for evidence that could indicate that your injuries aren't the severity you claim or that you have a pre-existing condition.

Your lawyer will utilize your medical records to create a demand letter which will include evidence to justify the damages you're seeking. Your lawyer should only supply the relevant medical documents to your insurance company. They might ask you to grant them permission to access your entire medical record. This is not in your best interests since it could reveal previous injuries that aren't connected to the present claim.

Police Reports

Police reports are generated each time a police officer responds to an emergency or accident, such as car accidents. Although they're not admissible in court (they are considered hearsay) They can provide valuable information to attorneys investigating an accident and preparing cases.

A police report is an objective assessment of what happened during the accident, based on witness statements and observations regarding the damage to the vehicle the weather, the drivers and more. It's a crucial piece of evidence that could assist you in winning your car accident lawsuit against the defendant.

Typically you can request a copy your police report from the local police department that handled the investigation by calling their non-emergency phone number and supplying the receipt or incident number to identify the report. You can request copies of your police report through the website of the police department.

After your medical expenses as well as property damage and lost wages are at an amount you can afford, you will need to start a lawsuit against the at-fault driver. The police report can be a valuable tool during settlement negotiations, especially when you can prove that the other driver was largely at blame based on the officer's observations. However, many cases reach settlements without ever going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until one year after you file it.

Insurance Company Negotiations

Once an adjuster has all the information they need from you and the car accident investigation and investigation, they will make a settlement offer. To generate their first offer, they'll enter all the information and details into a computer program. They'll probably produce a number that's much lower than what you calculated based on your investigation. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to limit the amount they'll need to pay for your medical bills and other damages. You can fight back if you mention the negative effects your injuries could have on you and affect your life in future. For instance, you can highlight your growing medical bills, your lost earnings capacity and the physical and emotional suffering you're experiencing.

You or your attorney will prepare a letter of demand and submit it to an insurance company. The letter should contain all the evidence you've gathered such as witness statements and photos of your injuries. You will also create a list of the non-negotiables that will stop the insurance company from undervaluing your claim. Once you have reached an agreement and ratified, it will be included in an agreement for settlement in writing. It's not uncommon for back-and-forth to take place during these negotiations, but being patient will help you achieve an equitable settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery, where both sides exchange information as well as evidence. Parties can request medical records, police reports and witness statements. The parties will also exchange interrogatories which are written inquiries which must be answered under an oath within certain times. Additionally, your attorney will document the extent of your physical, emotional and psychological injuries and the additional damages you could be seeking to recover that are incurred, such as future medical costs, Auto Accident Law Firm property damage, and lost wages.

Your lawyer will speak with other experts, such as mechanics, medical experts and engineers. They will help paint a an accurate picture of the crash and your injuries for the jury.

Finally, your attorney will begin negotiations with insurance companies to attempt to resolve your claim without trial. However, if the insurance company is willing to offer you an unsatisfactory settlement or does not take your injury and other damages into account the case will go to trial.

It is important that victims file a lawsuit immediately, even though only a few cases are heard in court. Memories fade, witnesses can disappear, and evidence could be lost in time making it more difficult to make a strong case for maximum compensation. In addition, you must abide with the statute of limitations in your state, which could vary from 1 to 6 years.