Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages can be significant after an seaside auto accident lawsuit accident. An experienced lawyer can help you in getting the justice you deserve.

The procedure is different depending on the case, however, generally it starts with filing a complaint. This is followed by the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an important element of any auto accident lawsuit. They will help a jury or judge understand how the injury has affected your life, as well as the physical, Vimeo emotional and financial costs of your injuries. Medical records will also provide an insurance company a story they will have a tough to argue.

You may only have a specific amount of time, based on the laws of your state and the guidelines of your physician, to request medical records. You should speak with your lawyer as soon after an accident as possible. Health Information Portability and Accountability Act, or HIPAA is a law that protects your right to access these medical records. However, this does not mean that you or your lawyer are the only ones who are able to view your medical records. Insurance companies are always looking for any sign that might suggest your injuries may not be as serious as you claim or that you have a pre-existing condition.

Your lawyer will use your medical records in order to prepare a demand letter which will contain evidence to justify the damages you are seeking. Your lawyer must only provide the relevant medical documents to your insurance company. They might ask you to grant them permission to access your entire medical record. This is not in your best interests since it could reveal previous injuries that aren't connected to the present claim.

Police Reports

Every time a police official responds to a call for help, including an accident, he makes a police report. Although they are not admissible in the courts of law (they are deemed to be hearsay), they provide valuable information for attorneys who are conducting investigations and preparing cases.

A police report gives an independent account of the crash which is based on the witnesses testimony of the officer and his observations of the weather conditions, drivers, and Vimeo other aspects. It is an important piece of evidence which can aid in winning a car accident lawsuit.

You can usually request a copy of the records from the precinct responsible for the investigation. Contact their non-emergency number and provide an original receipt or an incident number as identification. The police department may have a website where you can request copies of records online.

When your medical bills and property damage as well as lost wages are at an amount that is a certain amount, you'll need to start a lawsuit against the driver who is at fault. The police report is an essential tool in settlement negotiations, particularly when you can establish the other driver's guilt from the evidence provided by the officer. In many cases, however, the parties reach an agreement without going to trial. The process of preparing for trial can be lengthy and your case may not be resolved until a year after filing it.

Insurance Company Negotiations

When the adjuster has all of the information they require from you and your automobile accident investigation, he will make an offer of settlement. They will enter all the facts and details into a computer program to make their initial offer. Most likely, they'll produce a significantly smaller amount than you anticipated from your study. When insurance companies make settlement offers, Vimeo they've got their own financial interest in their minds.

They will wish to limit the amount they are required to pay for medical bills and other damages. You can counter by pointing out all the ways that your injuries will negatively impact your life in the near future. For example, you can draw attention to your increasing medical bills, your diminished earnings capacity and the physical and emotional suffering you're going through.

Your lawyer or you prepare a demand form and submit it to the insurer. This will include all the evidence you have collected including witness statements, photographs of your injuries, as well as documentation supporting your losses. Also, you'll make the list of the items you cannot negotiate, so you can prevent the insurance company from negotiating with you. If an agreement is reached it will be documented in the form of a written settlement agreement. Negotiations are usually back and forth process, but staying patient will aid in achieving an equitable settlement.

Legal Advice

The next phase in the car lawsuit involving an accident is discovery, where the parties exchange information and evidence. Parties may seek medical records and police reports, and witness statements. The parties can also exchange interrogatories, which are written questions that must be answered on the oath within a specified time. Your lawyer will also record the extent of physical emotional, psychological, and physical injuries you have suffered, and any other damages which could be sought out, 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 consult with other experts like medical specialists, mechanics and engineers. These experts can assist the jury to get a clear picture of your injuries and accident.

Your lawyer will then start discussions with the insurance companies to settle your case without trial. If the insurance company is unable to offer you a fair settlement, or does not take into account your injuries and other losses, your case is likely to be heard in court.

It is essential that victims file a lawsuit as soon as possible, even though few cases get to court. 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. In addition, you must abide with the statute of limitations in your state, which can be anywhere from one to six years.