Phases of an Auto Accident Lawsuit

Car accident injuries can lead to significant medical bills, property damage and lost wages. An experienced lawyer can assist you get the compensation you need.

The procedure can differ from case to case, but typically, it begins with the filing of the complaint. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an essential part of any auto accident law firm accident lawsuit. They can help the judge or jury to know how the injury affected your life, as well as the physical, emotional and financial burdens of your injuries. Medical records will also reveal a story that insurance companies will have a tough to argue.

According to the laws of your state and the policy of your doctor You may be granted only a short amount of time to request medical records from healthcare providers. It is recommended to consult with your lawyer as soon after an accident as is possible. The law safeguards your 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 who are able to view your medical records. Insurance companies are often keen to uncover anything that could suggest that your injuries are pre-existing or not as severe as you think.

Your lawyer will use the medical records you provide to create the letter of demand, which will include evidence in support of the damages you are seeking. It is important that your lawyer only provides relevant medical records to the insurance company, as they may ask you to sign a medical authorization that permits them to access all your medical records. This is not in your best interests since it could expose past injuries that aren't connected to the current claim.

Reports of Police

Police reports are prepared every time a law enforcement officer responds to an emergency for example, car accidents. While they're not admissible in court (they are considered hearsay) they can provide invaluable information to attorneys investigating an accident and preparing a case.

A police report is an objective account of what happened in the accident, based on witnesses' statements and observations about the vehicle's damage and weather conditions, drivers and more. It is a crucial evidence that can assist you in winning an auto accident lawsuit.

You can typically request a copy from the precinct who handled the investigation. Contact their non-emergency number and provide the receipt or incident number as identification. You can also request copies of records through the department's website.

After your medical expenses and property damage as well as lost wages reach the amount of a certain amount, then you'll have to start a lawsuit against the driver who is at fault. The police report can be a valuable tool in settlement negotiations, especially if you can prove that the other driver was largely at fault based on the officer's observations. However, many cases reach an agreement without ever going 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

Once an adjuster has all the data they require from you and the investigation into the accident They will then extend an offer of settlement. They will input all the information and facts into a computer program to generate their initial offer. They'll probably come up with a number which is lower than what you calculated from your study. When insurance companies make settlement offers, they've got their own financial interests in the back of their heads.

They will seek to limit the amount they have to pay in medical bills and other damages. You can counter by highlighting the many ways that your injuries will impact your life in the future. For instance, you can draw attention to your increasing medical bills, your diminished earning potential, and the emotional and physical suffering you're experiencing.

You or your lawyer will then draft a demand letter and then present it to the insurer. The letter should contain all of the evidence that you've gathered, including witness statements and photos of your injuries. Also, you will create a list of the non-negotiables that will ensure that the insurance company is not undervaluing your claim. Once an agreement is reached and the written settlement contract will reflect it. It's normal for a back-andforth to occur during these negotiations, but being in the moment will help you get an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. The parties may seek medical records, police reports, and witness statements. They can also send another interrogatories (written questions that must be answered under oath by end of a specified time). Your attorney will also write down the severity of the physical mental, emotional, or psychological injuries you have suffered, as well as any other damages that might be sought, including future and current medical expenses along with property damage, lost wages.

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

Your lawyer will begin discussions with insurance companies to attempt to settle your claim with out a trial. If the insurance company is unable to provide you with a fair settlement or does not consider your injuries and other damages your case is likely to go to trial.

Although a small percentage of cases go to trial it is essential for victims to start a lawsuit as quickly as they can. As time passes, memories fade, witnesses die and evidence is lost, making it more difficult to establish a solid claim for the highest amount of compensation. You must also comply with the statute of limitations for your state which can vary between 1 and 6 years.