Phases of an auto accidents Accident Lawsuit

Car accident injuries can lead to significant medical bills, property damage and lost wages. An experienced lawyer can assist you in getting the justice you deserve.

The process is different from case-to-case, but generally, it begins with filing an action. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an essential part of any auto accident lawsuit. They can help jurors or judges know how the injury had an impact on your life, including the physical, emotional and financial burdens of your injuries. Medical records will also reveal a story that insurance companies will have a tough to dispute.

You may only have a certain amount of time, based on the laws of your state and the policies of your doctor to request medical records. You should speak with your lawyer as soon after an accident as is possible. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these records. However, this does not mean that only you or your lawyer will be able to see your medical records. Insurance companies constantly look 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 use your medical records to draft a demand letter, that will include evidence to support the damages you're seeking. It is essential that your lawyer only send relevant medical records to the insurance company, as they may request you to sign an authorization that permits them to access all of your medical records. This is not in your best interests since it could reveal previous injuries that are not related to the current claim.

Reports of the Police

Police reports are generated each time a police officer responds to an emergency call for example, car accidents. Although they're not admissible in court (they are considered to be hearsay) They can provide invaluable information to attorneys conducting an investigation and preparing cases.

A police report offers an impartial account of the accident which is based on the witnesses' testimony as well as the officer's observations regarding the weather conditions, drivers, and other elements. It is an important piece of evidence which can assist you in winning an auto accident lawsuit.

Typically you can request a copy your police report from the police station that handled the investigation by calling their emergency number and supplying an incident or receipt to identify the report. The police department might have a website on which you can request copies online.

When your medical bills, property damage and lost wages exceed a certain amount, you'll need to start a lawsuit against the at-fault driver. The police report can be a valuable tool during settlement negotiations, particularly when you can prove that the other driver was at fault, based on an officer's observations. A lot of cases are settled without going to trial. It can take a while to go through the pre-trial steps and your case might not be resolved for a long time.

Insurance Company Negotiations

After the adjuster has all of the information they need from you and your vehicle accident investigation, they will make an offer of settlement. They will put all the facts and details into a computer program to generate their initial offer. They will most likely produce a number which is lower than what you calculated from your study. When insurance companies offer settlement offers, they have their own financial interests in the back of their heads.

They'll want to reduce the amount they'll need pay for your medical bills and other damage. You can counter by pointing out all the ways your injuries could affect your life in the near future. For instance, you can draw attention to your increasing medical bills, your decreased earning potential, and the physical and emotional suffering you're suffering.

You or your lawyer will then prepare a demand letter and submit 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 will also create a list of non-negotiables to prevent the insurance company from undervaluing your claim. If an agreement is reached, it will be reflected in the form of a written settlement agreement. It's normal for a back and forth to occur during these negotiations, but being in the moment will help you get an acceptable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. The parties may request medical records, police reports and witness statements. They will also send any additional interrogatories (written questions that must be answered under oath before the end of the specified time). In addition your lawyer will record the extent of your physical, emotional and psychological injuries and the additional damages that you could seek to compensate for in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will also consult with experts such as medical professionals, mechanics and engineers. These experts can help the jury to get a clear picture of your accident and injuries.

Your attorney will then start discussions with the insurance companies in order to resolve your case with no trial. If the insurance company is unable to offer a fair settlement or doesn't take into consideration your injuries and other losses, your case will likely go to trial.

It is crucial that victims file a lawsuit as soon as possible, even if only a handful of cases will ever make it to court. Memories fade, witnesses can disappear, and evidence could be lost over time and it becomes difficult to make a strong case for maximum compensation. You must also follow the statute of limitations for your state, which can vary between 1 and 6 years.