Phases of an Auto Accident Law Firm Accident Lawsuit

Damage to property, medical bills and lost wages may be significant following an accident. A knowledgeable attorney can help to get the compensation you need.

The procedure varies from case-to-case, however, generally it starts with filing a complaint. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an essential element in any auto accidents accident lawsuit. They can help a jury or judge comprehend how the accident impacted your life, including the emotional, physical and financial consequences of your injuries. Medical records will also tell a story that insurance companies will have a tough to dispute.

Based on the laws of your state and your doctor's policy You may be granted the time to request medical records from your healthcare provider. This is why you should speak with your lawyer whenever you can after an accident. The law guarantees access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones who can examine 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 claim.

Your lawyer will use your medical records to draft a demand letter, that will include evidence to support the damages you are seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They may ask you to grant them permission to access your entire medical record. This is not in your best interest since it could reveal previous injuries that aren't directly related to the present claim.

Police Reports

Police reports are created each time a police officer responds to an emergency call and also car accidents. While they cannot be used in the courts of law (they are considered to be hearsay) they are valuable information to attorneys in the process of conducting investigations and preparing cases.

A police report is an objective view of what happened in the accident, based on witness statements and the officer's observations about the vehicles' damage, weather conditions, drivers, and so on. It is a crucial piece of evidence which can aid you in winning a lawsuit in a car accident.

Typically, you can request a copy of your police report from the precinct which handled the investigation by calling their non-emergency phone number and providing an incident or receipt to identify it. The police department might have a website where you can request copies of your records online.

You will need to file a suit against the driver responsible once your medical bills or lost wages damages to property reach a certain value. The police report can be a valuable tool during settlement negotiations, particularly when you can demonstrate that the other driver was at fault, based on an officer's observations. Many cases are settled without having to go to trial. It can take time to complete the pre-trial process and your case may not be resolved for a year or more.

Insurance Company Negotiations

After the adjuster has all of the information they require from you as well as your car accident investigation, he'll make an offer of settlement. They will enter all the information and facts into a computer program in order to create their initial offer. They will most likely produce a number which is lower than what you calculated based on your investigation. When insurance companies make settlement offers, they have their own financial interest in their minds.

They'll want to reduce the amount they'll need pay for your medical expenses and other damage. You can fight back by pointing out the ways in which your injuries will impact your life in the coming years. For instance, you could point to your mounting medical bills, your decreased earning potential, and the emotional and physical pain you're going through.

Your lawyer or attorney will then draft a demand letter and then present it to the insurance company. This will include all the evidence you've gathered such as witness statements, photographs of your injuries, as well as documentation supporting your losses. Additionally, you should create an inventory of non-negotiables in order to prevent the insurance company from undervaluing your claim. When an agreement is reached the agreement will be recorded in an agreement to settle in writing. It's normal for a back-andforth to take place during these negotiations, but remaining patient will help you reach an equitable settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery. During this process, the parties exchange information and evidence. The parties may seek medical records, police reports, and witness statements. The parties may also trade interrogatories which are written inquiries that have to be answered under the oath within a specified time. Your lawyer will also record the severity of the physical psychological, emotional, and physical injuries you've sustained, and any other damages that might be sought, such as the amount of medical expenses you are currently and in the future or property damage, as well as lost wages.

Your lawyer will also confer with experts such as medical specialists mechanics, engineers, and mechanics. These experts can help the jury get an accurate picture of your injuries and accident.

Your lawyer will then start discussions with insurance companies to resolve your case without trial. If the insurance company doesn't provide you with a fair settlement or does not consider your injuries and other damages your case is likely to go to trial.

While a small number of cases do go to trial, it is important for victims to make a claim as soon as they can. As time passes memories fade, witnesses die, and evidence disappears, making it more difficult to establish a solid claim to receive the maximum amount of compensation. You must also follow the statute of limitations for your state that can range from 1 to 6 years.