Phases of an auto accident law firm Accident Lawsuit

Damage to property, medical bills and lost wages could be significant following a car accident. An experienced attorney can help to get the compensation you need.

The process may differ from case-to-case, but generally, it begins with the filing of an action. Then follows the discovery phase trial, and any appeals.

Medical Records

Medical records are a vital element in any auto accidents accident case. They will assist the jury or judge understand the impact of the accident on your life. This includes the financial, emotional physical, and emotional costs. Medical records will also reveal the story that insurance companies will have a tough to argue.

You might only have a particular amount of time, based on the laws of your state and the policy of your doctor, to request medical records. You should consult your lawyer as soon following an accident as possible. The law protects your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your attorney can see your medical records. Insurance companies are usually keen to uncover anything that could suggest your injuries were pre-existing or not as severe as you think.

Your lawyer will make use of the medical records you provide to draft the letter of demand that will include evidence to support the damages you're seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They may request you to allow them to access your entire medical record. This is not in your best interests since it could reveal previous injuries that aren't related to the present claim.

Police Reports

Every time a police officer responds to a request for assistance, or an accident, he makes a police report. Even though they aren't admissible in court (they are considered to be hearsay) however, they provide valuable information to attorneys when investigating an incident and preparing cases.

A police report is an objective view of what happened during the accident, based on witnesses' statements and the officer's observations about the vehicles' damage the weather, the drivers, and so on. It is a significant evidence piece that can aid you in winning your car accident lawsuit against the defendant.

You can usually request a copy of the records from the precinct responsible for the investigation. Contact their non-emergency number and provide the receipt or incident number as identification. The police department might also have a website where you can request copies online.

You'll have to file a lawsuit against the driver who was at fault when your medical bills or lost wages property damage reach the amount of. The police report can be an effective tool for settlement negotiations, especially when you can prove the other driver's responsibility based on observations made by the officer. Many cases are settled without going to trial. It can take time to go through the pre-trial process and your case could not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the information they require from you as well as the investigation into the accident is complete, they will offer a settlement offer. They will then input all the information and facts into a computer program to create their initial offer. They'll most likely be able to come up with a figure that's much lower than what you calculated from your research. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to reduce the amount they have to pay for medical bills and other damages. You can fight back if you mention how your injuries will negatively affect your life in future. For instance, you could mention your increasing medical bills and the loss of earning potential, as in the mental and physical suffering you are experiencing.

Your lawyer or attorney will then prepare a demand letter and then present it to the insurer. It will contain all the evidence you've collected such as witness statements, photos of your injuries as well as any documents supporting your losses. Also, you will create an outline of the things you will not negotiate to prevent the insurance company from undervaluing your claim. When an agreement has been reached the settlement agreement written will reflect it. It's common for a back-and-forth to occur during these negotiations, but remaining in the moment will help you get an acceptable settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which both parties exchange information and evidence. The parties may request medical records, police reports and witness statements. The parties may also trade interrogatories, which are written questions that must be answered on an oath within certain times. Additionally, your attorney will document the extent of your physical emotional and psychological traumas and any other damages you could seek compensation for in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will talk to other experts like mechanics, medical specialists, and engineers. These experts will help paint an appealing image of your crash and the extent of your injuries to the jury.

Finally, your attorney will begin negotiations with insurance companies in order to try to settle your claim without a trial. If the insurance company does not offer a fair settlement, or does not take into account your injuries or other damages, your case will likely be heard in court.

It is important that victims file a lawsuit immediately, even if only a handful of cases get to the courtroom. Memories fade, witnesses disappear and evidence may be lost over time and make it difficult to establish a compelling argument for the most compensation. Furthermore, you have to comply with the statute of limitations in your state, which can vary from 1 to 6 years.