Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages could be significant following a car accident. A knowledgeable attorney can assist you in obtaining the financial amount you are due.

The process can vary from case to case, but generally it begins with the filing of the complaint. Then follows the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an important component of any auto accident lawsuits accident lawsuit. They will aid the judge or jury determine how the accident has impacted your life, including the physical, emotional and financial cost of your injuries. Insurance companies will have a hard time to dispute the story told by medical records.

You may only have a specific amount of time, based on the laws of your state and the policies of your doctor to request medical records. This is the reason you should contact your lawyer immediately following an accident. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer can examine your medical records. Insurance companies are always looking for evidence that might suggest your injuries may not be as serious as you claim or that you have a pre-existing condition.

Your lawyer will make use of the medical records you provide to draft the letter of demand that will include evidence supporting the damages you're seeking. Your lawyer should only give the relevant medical records to your insurance company. They might ask you to grant them permission to access your entire medical record. This is not the best option for your claim as it may reveal past injuries not related to this claim.

Police Reports

Police reports are prepared each time a law enforcement officer responds to an emergency or accident, such as car accidents. Although they are not admissible in the courts of law (they are considered to be hearsay), they provide valuable information for attorneys when investigating and preparing cases.

A police report is an impartial account of the accident that is based on the witness' testimony as well as the officer's observations of the weather conditions, drivers, and a variety of other factors. It's a vital piece of evidence that can assist you in winning an auto accident law firms accident lawsuit (www.instapaper.com).

You can typically request a copy of the records from the precinct who handled the investigation. Call their non-emergency phone number and provide the receipt or 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 responsible after your medical expenses, lost wages, and property damage have reached the amount of. The police report is a valuable tool in settlement negotiations, particularly when you can prove the other driver's guilt in the light of observations made by the officer. Many cases are settled without having to go to trial. It can take a while to work through the pre-trial procedures and your case may not be resolved for a year or more.

Insurance Company Negotiations

Once the adjuster has all of the details they require from you and your vehicle accident investigation, they will make an offer of settlement. To make their first offer, they will enter all the information and details into a computer program. Most likely, they will arrive at a lower number than you calculated using your study. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll want to limit the amount they'll have to pay for your medical expenses and other damages. You can fight back if explain the negative effects your injuries could have on you and impact your life in the coming years. For example, you can point to your mounting medical bills, your decreased earnings capacity and the physical and emotional suffering you're suffering.

You or your lawyer will then draft a demand letter and then present it to the insurance company. This should include all the evidence you have gathered such as statements from witnesses, photographs of your injuries, as well as documentation supporting your losses. Additionally, you should create a list of the non-negotiables that will keep the insurance company from undervaluing your claim. Once you have reached an agreement the agreement will be recorded in the form of a written settlement agreement. It's normal for a back and forth to take place during these negotiations, but staying calm will allow you to reach an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which the parties exchange information and evidence. Parties can seek medical records, police reports and witness statements. They can also send the other interrogatories (written questions to be completed under oath at the expiration of a specific time). Additionally your attorney will provide documentation of the extent of your physical emotional and mental injuries and any other damages that you could seek to compensate for that are incurred, such as future medical costs, property damage, and lost wages.

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

Your lawyer will then begin discussions with insurance companies in order to settle your case without trial. If the insurance company fails to provide you with an equitable settlement or does not consider your injuries and other damages your case will likely go to trial.

It is vital that victims file a lawsuit as soon as possible, even though only a few cases make it to the courtroom. With time memories fade, witnesses pass away, and evidence disappears and it becomes more difficult to make a strong claim to receive the maximum amount of compensation. It is also important to adhere to the statute of limitations for your state that can range from 1 to 6 year.