Phases of an Auto Accident Lawsuit

Medical bills, property damage, and lost wages can be significant after an accident in the car. An experienced lawyer can assist you in getting the amount you are due.

The procedure can differ from case-to-case, but generally it begins with the filing of an action. This is followed by the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an important part of any auto accident lawyer accident lawsuit. They will aid a jury or judge know how the injury affected your life, as well as the emotional, physical and financial cost of your injuries. Medical records will also reveal the story that insurance companies will have a hard to argue.

Depending on your state's laws and the policies of your doctor You may be granted a limited 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 guarantees access to these records through the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your attorney can see your medical records. Insurance companies are always looking for any sign that suggests that your injuries aren't the severity you claim or if you have pre-existing injuries.

Your lawyer will make use of the medical records you provide to prepare the letter of demand, which will include evidence supporting the damages you seek. Your lawyer should only give the relevant medical documents to your insurance company. They may ask you to authorize them to access your entire medical record. This is not in your best interest since it could reveal previous injuries that aren't connected to the current claim.

Reports of Police

Police reports are created every time a law enforcement officer responds to an emergency call for example, car accidents. While they cannot be used in a court of law (they are considered to be hearsay) They are a valuable source of information for attorneys when researching and preparing cases.

A police report is an objective report of what transpired in the crash, based on witness statements and the officer's observations about the vehicle's damage as well as weather conditions, drivers, and so on. It is an important piece of evidence that could assist you in winning an auto accident lawsuit.

Usually you can request a copy of your police report from the police station that handled the investigation by calling their non-emergency line and providing a receipt or incident number to identify it. You can request copies of the report through the department's website.

After your medical bills as well as property damage and lost wages exceed an amount you can afford, you will need to start a lawsuit against the at-fault driver. The police report can be an essential tool in settlement negotiations, especially when you can prove the other driver's guilt based on observations made by the officer. However, many cases reach settlements without ever going to trial. The pre-trial process can be long and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

When the adjuster has all of the details they require from you and your car accident investigation, they will make an offer to settle. They will put all the facts and details into a computer program in order to generate their initial offer. Most likely, they will come up with a much less than the amount you calculated based on your research. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.

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 that your injuries will affect your life going forward. For instance, you can, point out your mounting medical bills and the loss of earning potential, as well as the physical and mental suffering you are experiencing.

Your lawyer or you then draft a demand letter and then present it to the insurer. The letter should include all the evidence you have gathered including witness statements and photos of your injuries. Additionally, you should create an outline of the things you will not negotiate to keep 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 take place during the negotiation process, but remaining patient will help you achieve an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which both parties exchange information and evidence. Parties may request medical records, police reports and witness statements. The parties may also exchange interrogatories that are written questions which must be answered under oath within a certain time. Additionally, your attorney will document the extent of your physical emotional and psychological injuries in addition to the other damages you may seek compensation for in the future, including current and future medical expenses, property damage and lost wages.

Your lawyer will also confer with experts like medical specialists mechanics, engineers, and mechanics. These experts will aid in painting a the vivid picture of your crash and the injuries you sustained for the jury.

Your lawyer will then start negotiations with insurance companies to settle your case without a trial. However, if the insurance company offers you an unsatisfactory settlement or does not take your injury and other damages into consideration your case is likely to be heard at trial.

While only a few cases go to trial, it is vital for the victims to make a claim as soon as is possible. The memories fade, witnesses die and evidence can disappear over time, making it harder to establish a compelling argument for the most compensation. Plus, you must comply with the statute of limitations in your state, which can be anywhere from one to six years.