Phases of an auto accident law firm Accident Lawsuit

Damage to property, medical bills and lost wages could be substantial following an auto accident. A knowledgeable attorney can assist you in obtaining the justice you deserve.

The procedure can differ from case-to-case, but generally it starts with the filing of the complaint. Then comes the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an important element in any auto accident lawsuit. They can help jurors or judges to comprehend the impact of the injury on your life. This includes the financial, emotional, and physical costs. Insurance companies will have a hard time to argue with the information provided by medical records.

You may only have a specific amount of time, based on the laws in your state and the policies of your doctor to obtain medical records. This is the reason why you should contact your lawyer as soon as you can following an accident. The law guarantees access to these records with the Health Information Portability and Accountability Act (HIPAA). However, Auto Accident Lawsuit this doesn't mean that you or your lawyer are the only ones who can look over your medical records. Insurance companies are usually keen to find anything that might suggest that your injuries were pre-existing or not as severe as you claim.

Your lawyer will utilize the medical records you provide to prepare the letter of demand that includes evidence to justify the damages you want. Your lawyer should only supply 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 as it could reveal past injuries that aren't connected to the present claim.

Police Reports

Police reports are created each time a police officer responds to an emergency and also car accidents. Although they cannot be admitted in a court of law (they are deemed to be hearsay), they provide valuable information to attorneys in the process of investigating and preparing their cases.

A police report is an impartial account of the accident, based on the witness testimony of the officer and his observations regarding the weather conditions, drivers, and other aspects. It's an important piece of evidence which can aid in winning an auto accident lawsuits accident lawsuit.

You can usually request a copy from the precinct who handled the investigation. Call their non-emergency line and provide an original receipt or an incident number to prove your identity. The police department may also have a website where you can request copies of the records online.

You will need to file a lawsuit against the driver responsible once your medical bills or lost wages property damage reach an amount. The police report can be an effective tool during settlement negotiations, especially if you can prove that the other driver was at blame based on the officer's observations. A lot of cases are settled without 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

Once the adjuster has all of the information he needs from you and your automobile accident investigation, he'll make an offer of settlement. To generate their first offer, they will enter all the information and details into a computer program. They'll likely come up with a number that's much lower than what you calculated from your study. When insurance companies make settlement offers, they've got their own financial interests in mind.

They'll want to reduce the amount they'll need to pay for medical bills and other damage. You are able to fight back if you highlight the negative effects your injuries could have on you and affect your life in future. For instance, you could refer to your rising medical bills, your lost earning potential, and the emotional and physical suffering you're experiencing.

You or your lawyer will create a demand letter and present it to the insurance company. It will contain all the evidence you have collected and include witness statements, photos of your injuries, and any documentation supporting your losses. You'll also make an inventory of the items you cannot negotiate, so you can prevent the insurance company from negotiating with you. Once an agreement is reached the settlement agreement written will reflect it. It's common for a back-and-forth to take place during the negotiation process, but remaining patient will help you reach an acceptable settlement.

Legal Advice

The next stage of the car lawsuit involving an accident is discovery, where both parties exchange information and evidence. The parties can seek medical documents, police reports or witness statements. The parties can also exchange interrogatories which are written questions which have to be answered on oath within a certain time. Additionally your lawyer will record the extent of your physical emotional and psychological injuries and any other damages that you could be seeking to recover, including existing and projected future medical expenses, auto accident Lawsuit property damage and lost wages.

Your lawyer will confer with other experts, such as mechanics, medical experts and engineers. These experts can assist the jury get clear information about your injuries and the accident.

Finally, your attorney will begin discussions with insurance companies to try to settle your claim without trial. If the insurance company doesn't offer a fair settlement or does not consider your injuries and other losses, your case is likely to go to trial.

While a small number of cases do go to trial, it is crucial for victims to make a claim as soon as they can. With time, memories fade, witnesses die and evidence is lost and it becomes more difficult to establish a solid claim to receive the maximum amount of compensation. In addition, you must abide with the statute of limitations in your state, which can range from 1 to 6 years.