Phases of an Auto Accident Lawsuit

Damage to property, medical bills, and lost wages can be significant following a car accident. An experienced lawyer can assist to get the compensation you require.

The procedure can differ from case to case but usually starts with the filing of the complaint. Then comes the discovery phase trial, and any appeals.

Medical Records

Medical records are a vital part of any auto accident case. They will assist the jury or judge determine the impact of the injury on your life. This includes the emotional, financial physical, and emotional costs. Medical records will also tell a story that insurance companies will have a tough to argue.

Depending on your state's laws and the policies of your doctor You may be granted limited time to request medical records from healthcare providers. Consult with your lawyer as soon following an accident as you can. The law protects your access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your attorney can see your medical records. Insurance companies are usually keen to find anything that might suggest your injuries were pre-existing or not as severe as you think.

Your lawyer will utilize your medical records to prepare a demand letter which will include evidence to justify the damages you are seeking. It is important that your lawyer only provides relevant medical documents 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 interest since it could reveal previous injuries that aren't connected to the present claim.

Police Reports

When a police officer responds to a request for help, which could include an accident, he produces a report. While they're not admissible in court (they are considered to be hearsay) however, they provide important information to attorneys when conducting an investigation and preparing cases.

A police report is an objective report of what happened in the accident, based on witness testimonies and the officer's observations regarding the damage to the vehicles, weather conditions, drivers, and auto Accident lawsuit so on. It is a significant evidence piece that can help you win your car accident lawsuit against the defendant.

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

You'll need to file a suit against the person who caused the accident when your medical bills, lost wages, and property damage reach a certain value. The police report is an essential tool in settlement negotiations, particularly in cases where you can prove other driver's negligence from the evidence provided by the officer. In many cases, however, the parties reach an agreement without 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

When the adjuster has all of the information they require from you and your car accident investigation, they will make an offer of settlement. To make their first offer, they'll enter all the details and facts into an online program. They will most likely arrive at a figure which is lower than what you calculated based on your study. When insurance companies make settlement offers, they have their own financial interest in their minds.

They'll want to limit the amount they have to pay for your medical expenses and other damage. You can counter by highlighting all the ways that your injuries could affect your life in the coming years. For instance, you could highlight your growing medical bills and lost earnings potential, as well being aware of the physical and mental pain you're experiencing.

Your lawyer or you then prepare a demand letter and present it to the insurer. It should include all the evidence you have collected such as witness statements, photos of your injuries as well as any evidence to support your losses. You'll also prepare an inventory of your non-negotiables to ensure you can keep the insurance company from negotiating with you. Once an agreement is reached it will be documented in an agreement to settle in writing. It's not uncommon for back-and-forth to take place during these negotiations, but staying patient will help you reach an equitable settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery, in which both parties exchange information and evidence. Parties may require medical records or police reports, as well as witness statements. The parties will also exchange interrogatories, which are written questions that have to be answered under an oath within certain times. Your attorney will also write down the extent of the physical emotional, psychological, and physical injuries you have suffered, as well as any other damages that may be sought out, such as current and projected medical expenses along with property damage, lost wages.

Your lawyer will also confer with experts such as medical professionals as well as mechanics and engineers. These experts will help paint a an appealing image of your crash and your injuries for the jury.

Your lawyer will then begin discussions with insurance companies in order to settle your case without trial. If the insurance company offers a low amount of money or fails to take your injuries and other damages into account your case is likely to go to trial.

Although a small percentage of cases make it to trial, it is vital for the victims to file a lawsuit as soon as they can. As time passes memories fade, witnesses die, and evidence disappears and makes it harder to file a convincing claim for the most compensation. Furthermore, you have to comply with the statute of limitations in your state, which could be anywhere from one to six years.