Phases of an kansas auto accident lawyer Accident Lawsuit

Car crash injuries can lead to significant medical bills, property damage and lost wages. An experienced lawyer can assist you in obtaining the financial compensation you deserve.

The process can vary from case-to-case, but generally, it starts with the filing of the complaint. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an important component of any auto accident lawsuit. They will assist a jury or judge understand how the injury has affected your life, including the emotional, physical and financial cost of your injuries. Medical records will also tell an account that insurance companies will have a tough to dispute.

You might only have a particular period of time, based on the laws in your state and the guidelines of your physician, to obtain medical records. Consult with your lawyer as soon following an accident as it is possible. The law safeguards your access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones able to access your medical records. Insurance companies are often keen to find anything that might suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will utilize the medical records you provide to draft a letter of demand that includes evidence to justify the damages you want. Your lawyer should only provide the relevant medical records to your insurance company. They might ask you to authorize them to access your complete medical record. This is not beneficial to your claim, as it could reveal past injuries not related to the claim.

Reports of Police

Police reports are produced each time a law enforcement officer responds to an emergency call, including car accidents. Even though they aren't admissible in court (they are considered hearsay), they do provide valuable information to attorneys when conducting an investigation and preparing cases.

A police report is an objective report of what happened in the crash, based on witness statements and the officer's observations regarding the damage to the vehicle, weather conditions, drivers and more. It is an important evidence that can aid in winning a lawsuit in a car accident.

Typically, you can request a copy your police report from the precinct which was responsible for the investigation by calling their emergency number and supplying an invoice or incident number to identify the report. The police department may have a website on which you can request copies of records online.

If your medical bills, property damage and lost wages exceed the amount of a certain amount, vimeo then you will need to bring a lawsuit against the driver who is at fault. The police report is a valuable tool in settlement negotiations, especially when you can establish the other driver's fault in the light of observations made by the officer. Many cases end up reaching an agreement without ever going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until one year after filing it.

Insurance Company Negotiations

After the adjuster has all of the information they need from you and your automobile accident investigation, they will make an offer to settle. To generate their first offer, they will enter all the information and details into a computer program. They will most likely arrive at a figure which is significantly lower than the number you calculated based on your research. When insurance companies make settlement offers, they have their own financial interests in mind.

They'll want to limit the amount they have to pay for your medical bills and other damage. You can counter by highlighting all the ways that your injuries will negatively impact your life going forward. For example, you can refer to your rising medical bills, your decreased earning potential, and the emotional and physical pain you're going through.

Your lawyer or attorney will prepare a demand form and send it to the insurance company. It should include all the evidence you have collected and include statements from witnesses, photographs of your injuries, as well as documentation supporting your losses. You'll also make the list of your non-negotiables to ensure you can stop the insurance company from negotiating with you. When an agreement is reached the agreement will be recorded in a written settlement agreement. Negotiations can be a back and forth process, but remaining patient will ensure an equitable settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery, in which both sides exchange information and evidence. The parties may seek medical records, police reports, and witness statements. They may also send any additional interrogatories (written questions that must be answered under oath before the end of the specified time). Your attorney will also record the severity of physical emotional, psychological, Vimeo and physical injuries you've suffered, and any other damages that could be sought, including current and projected medical expenses as well as property damage and lost wages.

Your lawyer will confer with other experts, like medical specialists, mechanics, and engineers. These experts will help paint a the vivid picture of the crash and your injuries for the jury.

Your attorney will then begin discussions with the insurance companies in order to settle your case without a trial. However, if the insurance company offers a low amount of money or does not take your injuries and other damages into consideration your case is likely to progress to trial.

It is vital that victims file a lawsuit as soon as possible, even if only a handful of cases make it to court. The memories fade, witnesses disappear and evidence may be lost over time, making it harder to establish a compelling case to get the maximum amount of compensation. Additionally, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.