Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages could be significant after an accident in the car. An experienced lawyer can help you in obtaining the financial amount you are due.

The process may differ from case to case but typically, it starts with the filing of an accusation. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are an important element in any Auto Accident Law Firm accident lawsuit. They can help jurors or judges determine the impact of the injury on your life. This includes the financial, emotional physical, and emotional costs. Insurance companies will find it difficult to refute the story portrayed by medical records.

You may only have a specific amount of time, based on the laws of your state and Auto Accident Law Firm the guidelines of your physician, to obtain medical records. Consult with your lawyer as soon following an accident as you can. The law provides access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer can see your medical records. Insurance companies are often keen to discover anything that may suggest that your injuries were pre-existing or not as severe as you claim.

Your lawyer will utilize the medical records that you supply to write a letter of demand that includes evidence to justify the damages you seek. Your lawyer should only provide the relevant medical records to your insurance company. They may ask you to authorize them to access your entire medical record. This is not in your best interest because it could reveal prior injuries that aren't connected to the present claim.

Police Reports

Every time a police officer responds to a call for assistance, or an accident, he produces a report. Although they're not admissible in court (they are considered hearsay) they can provide valuable information to attorneys when conducting an investigation and preparing a case.

A police report is an objective view of what transpired in the crash, based on witness testimonies and the officer's observations about the vehicle's damage, weather conditions, drivers, and so on. It is an important piece of evidence which can aid you in winning a lawsuit for car accidents.

You can typically request a copy of the records from the police precinct that handled the investigation. Call their non-emergency line and provide the receipt or incident number as proof of identification. The police department might have a website where you can request copies online.

If your medical bills and property damage as well as lost wages are at a certain amount, you will need to file a lawsuit against the driver who is at fault. The police report can be an effective tool during settlement negotiations, particularly when you can prove that the other driver was at blame based on the officer's observations. A lot of cases are settled without having to go to trial. It may take some time to work through the steps before trial and your case could not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all of the information they need from you and the car auto accident investigation and investigation, they will make an offer of settlement. They will then input all the information and facts into a computer program to make their initial offer. They'll probably be able to come up with a figure which is lower than what you calculated from your study. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to reduce the amount they'll need pay for your medical bills and other damages. You can counter by highlighting the many ways that your injuries will impact your life going forward. You can, for example you can highlight the mounting medical bills and lost earning potential, as well being aware of the physical and mental pain you're experiencing.

Your attorney or you then draft an official demand letter and then present it to an insurance company. This letter will include all the evidence you've gathered such as witness statements and photos of your injuries. You will also create a list of non-negotiables to stop the insurance company from undervaluing your claim. Once an agreement is reached, the written settlement agreement will reflect it. It's not uncommon for back-and-forth to occur during the negotiation process, but remaining in the moment will help you get an acceptable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, in which both parties exchange information and evidence. Parties can request medical records, police reports as well as witness statements. The parties may also trade interrogatories, which are written questions which have to be answered on an oath within certain times. Additionally your attorney will provide documentation of the extent of your physical, emotional and psychological injuries as well as the other damages you might seek to compensate for in the future, including current and future medical expenses, property damage and lost wages.

Your lawyer will consult with other experts, including medical specialists, mechanics and engineers. These experts can assist the jury to get a clear picture of your accident and injuries.

Your lawyer will begin negotiations with insurance companies in order to attempt to settle your claim with out a trial. However, if the insurance company provides you with a small settlement or fails to take your injuries and other damages into consideration the case will progress to trial.

It is vital that victims file a lawsuit immediately, even if only a handful of cases will ever make it to court. Memories fade, witnesses can disappear and evidence may be lost over time, making it harder to establish a compelling case for maximum compensation. Furthermore, you have to comply with the statute of limitations in your state, which could be anywhere from one to six years.