Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages may be substantial following an auto accident. An experienced lawyer can assist you receive the compensation that you need.

The procedure varies from case to case, but generally, it begins with filing a complaint. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an important part of any auto accident attorney accident - Blogbright`s blog, lawsuit. They will assist a jury or judge comprehend how the accident impacted your life, including the physical, emotional and financial burdens of your injuries. Insurance companies will find it difficult to refute the story portrayed by medical records.

You may only have a specific period of time, based on the laws of your state and the policy of your doctor, to request medical records. It is recommended to consult with your lawyer as soon after an accident as it is possible. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones to look over your medical records. Insurance companies are always looking for evidence that suggests that your injuries aren't the severity you claim or pre-existing.

Your lawyer will make use of the medical records that you supply to write the letter of demand that will include evidence in support of the damages you want. It is important that your lawyer only provide relevant medical records to the insurance company, because they could ask you to sign an authorization that allows them to access all your medical records. This is not beneficial to your claim because it could reveal injuries from the past that are not related to the claim.

Police Reports

Police reports are produced each time a law enforcement officer responds to an emergency or accident, such as car accidents. Although they cannot be admitted in a court of law (they are considered to be hearsay) They are a valuable source of information for attorneys who are researching and preparing cases.

A police report provides an objective account of what transpired in the crash, based upon witness statements and observations about the vehicle's damage as well as weather conditions, drivers and more. It's a vital 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 a receipt or an incident number as proof of identification. You can request copies of your police report through the department's website.

You'll have to file a suit against the driver at fault once your medical bills or lost wages property damage reach the amount of. The police report is an essential tool in settlement negotiations, particularly when you can prove the other driver's responsibility in the light of observations made by the officer. In many cases, however, the parties reach settlements without ever going to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until a year after you file it.

Insurance Company Negotiations

Once the adjuster has all the information he needs from you and your vehicle accident investigation, he will make an offer to settle. To create their initial offer, they'll input all the details and facts into an online program. Most likely, they will arrive at a smaller number than what you estimated in your research. When insurance companies make settlement offers, they have their own financial interest in the back of their heads.

They will wish to limit the amount they pay in medical bills and other damages. You can counter by pointing out all the ways that your injuries could affect your life in the near future. For instance, you could point to your mounting medical bills, your decreased earnings capacity and the emotional and physical suffering that you're currently experiencing.

You or your attorney will then prepare an official demand letter and then present it to an insurance company. It will contain all the evidence you've gathered including witness statements, photos of your injuries and any documents supporting your losses. You should also make a list of non-negotiables to keep the insurance company from undervaluing your claim. Once you have reached an agreement it will be documented in an agreement for settlement in writing. It's not uncommon for back-and-forth to take place during these negotiations, but staying patient will help you reach an acceptable settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery. During this process, both sides exchange information as well as evidence. Parties may require medical records or police reports, and witness statements. They can also send each other interrogatories (written questions that must be answered under oath by the deadline). Your attorney will also document the severity of physical, emotional, and psychological injuries you have suffered, in addition to any other damages that could be sought, such as the current and anticipated medical expenses along with property damage, lost wages.

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

Then, your lawyer will begin negotiations with insurance companies to attempt to settle your claim without trial. If the insurance company doesn't provide you with a fair settlement, or does not take into account your injuries and other damages, your case is likely to go to trial.

It is essential that victims file a suit as soon as they can even though very few cases will ever make it to court. The memories fade, witnesses disappear, and evidence could be lost over time making it more difficult to present a convincing case to get the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which could be anywhere from one to six years.