Phases of an auto accident law firms Accident Lawsuit

Car accident injuries could result in significant medical bills, property damage and lost wages. An experienced lawyer can help you in obtaining the financial compensation you deserve.

The process is different depending on the case, but generally starts by filing a complaint. The discovery phase, trial and appeals follow.

Medical Records

Medical records are a vital part of any auto accident law Firms accident case. They can assist a judge or jury comprehend the impact of the accident on your life. This includes the emotional, financial physical, and emotional costs. Medical records will also provide an account that insurance companies will have a difficult time disputing.

You might only have a limited amount of time, depending on the laws of your state and the guidelines of your physician, to request medical records. This is why you should consult with a lawyer immediately following an accident. The law guarantees access to these records with the Health Information Portability and Accountability Act (HIPAA). This doesn't mean you or your lawyer are the only ones able to access your medical records. Insurance companies constantly look for evidence that suggests that your injuries aren't as severe as you claim or pre-existing.

Your lawyer will use the medical records you provide to prepare a letter of demand that will include evidence supporting the damages you want. It is crucial that your lawyer only send relevant medical records to the insurance company, as they may ask you to sign a medical authorization that allows them to access all your medical records. This is not in your best interests since it could expose past injuries that are not related to the present claim.

Police Reports

Police reports are generated each time a law enforcement officer responds to an emergency and also car accidents. Although they're not admissible in court (they are considered hearsay) however, they provide important information to attorneys when investigating an incident and preparing an argument.

A police report provides an impartial account of the accident which is based on the witnesses testimony of the officer and his observations regarding the weather conditions, drivers, and other factors. It's an important evidence piece that can help you win your car accident lawsuit against the defendant.

Usually you can request a copy your police report from the precinct which was responsible for the investigation by calling their non-emergency number and supplying the receipt or incident number to identify it. The police department might have a website on which you can request copies of your records online.

You'll need to file a suit against the driver at fault once your medical bills along with lost wages and damages to property reach a certain value. The police report is a valuable tool in settlement negotiations, particularly when you can prove the other driver's negligence through the observations of the officer. Many cases are settled without having to go to trial. Pre-trial proceedings can take a long time and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

When the adjuster has all the information he needs from you and your automobile accident investigation, he'll make an offer to settle. To make their first offer, they will enter all the information and details into an online program. They'll likely come up with a number which is lower than what you calculated based on your investigation. When insurance companies make settlement offers, they have their own financial interests in their minds.

They'll wish to limit the amount they have to pay in medical bills and other damages. You are able to fight back if you point out the way your injuries will impact your life in the coming years. For instance, you can point to your mounting medical bills, the loss of earning potential, and the emotional and physical pain that you're currently experiencing.

You or your lawyer will then prepare a demand letter and submit it to the insurance company. This should include all the evidence you've gathered, including witness statements, photos of your injuries, as well as documentation supporting your losses. You'll also prepare an outline of your non-negotiables to ensure you can deter the insurance company from under-pricing you. Once you have reached an agreement it will be documented in an agreement to settle in writing. Negotiations often involve back and forth, but remaining patient will assist you in negotiating an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. Parties may seek medical records and police reports as well as witness statements. They will also send the other interrogatories (written questions that must be answered under oath by the end of a specified time). Your lawyer will also record the extent of physical psychological, emotional, and physical injuries you've sustained, and any other damages that might be sought, including the current and anticipated medical expenses or property damage, as well as lost wages.

Your lawyer will talk to other experts, including mechanics, medical experts, and engineers. These experts can help the jury get clear information about the injuries and accidents you sustained.

Finally, your attorney will begin negotiations with insurance companies to attempt to settle your claim without trial. However, if the insurance company offers a low amount of money or fails to take your injuries and other damages into consideration your case is likely to go to trial.

It is crucial that victims file a lawsuit immediately even though very few cases will ever make it to the courtroom. As time passes memories fade, witnesses pass away, and evidence disappears, making it more difficult to present a compelling case for the most compensation. In addition, you must abide with the statute of limitations in your state, which can vary from 1 to 6 years.