Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages may be substantial after an auto accident. A knowledgeable attorney can help you get the compensation you need.

The process is different from case to case, but generally, it begins with filing an action. This is followed by the discovery phase along with any appeals.

Medical Records

Medical records are an essential element of any auto accident lawsuit. They will aid the judge or jury comprehend how the accident impacted your life, including the physical, emotional and financial costs of your injuries. Insurance companies will find it difficult to refute the story portrayed by medical records.

You might only have a limited amount of time, contingent on the laws in your state and the policies of your doctor to obtain medical records. It is recommended to consult with your lawyer as soon after an accident as it is possible. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these medical records. This does not mean you or your lawyer are the only ones to examine your medical records. Insurance companies constantly look for evidence that could suggest your injuries may not be the severity you claim or if you have pre-existing injuries.

Your lawyer will utilize the medical records you provide to prepare an order letter that will include evidence supporting the damages you seek. It is crucial that your lawyer only send relevant medical documents to the insurance company, as they may request you to sign an 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 related to the present claim.

Reports of Police

Every time a police official responds to a call for assistance, or an accident, he makes a police report. While they cannot be used in the courts of law (they are deemed to be hearsay) they are valuable information to attorneys in the process of conducting investigations and preparing cases.

A police report is an objective account of the accident from the witness' testimony as well as the officer's observations regarding the weather conditions, drivers, and other aspects. It is a crucial piece of evidence that could aid in winning an auto accident lawsuit.

Usually, you can request a copy your police report from the police station that was responsible for the investigation by calling their non-emergency phone number and providing the receipt or incident number to identify it. The police department might have a website where you can request copies of your records online.

You'll have to file a suit against the person who caused the accident once your medical bills, lost wages, and property damage have reached an amount. The police report can be an effective tool for settlement negotiations, particularly if you can prove the other driver's guilt from the evidence provided by the officer. However, many cases reach an agreement without ever going to trial. Pre-trial proceedings can take a long time and your case may not be resolved until one year after you file it.

Insurance Company Negotiations

Once an adjuster has all the data they require from you, and the investigation of the car accident, they will extend an offer for settlement. They will enter all the information and facts into a computer program to create their initial offer. They'll probably be able to come up with a figure which is lower than what you calculated from your study. When insurance companies offer settlement offers, they've got their own financial interests in mind.

They will want to limit how much they have to pay in medical bills and other damages. You can fight back by pointing out all the ways that your injuries could affect your life in the future. For instance, you could, point out your mounting medical bills and Auto Accident lost earnings potential, as well in the mental and physical pain you're experiencing.

Your attorney or you prepare an official demand letter and present it to an insurance company. This letter should include all of the evidence that you've collected, including witnesses' statements and photographs of your injuries. Also, you will create a list of non-negotiables to ensure that the insurance company is not undervaluing your claim. When an agreement is reached it will be documented in a written settlement agreement. Negotiations often involve back and forth, but staying patient will aid in achieving a fair settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery. During this process, both sides exchange information as well as evidence. Parties can request medical records and police reports and witness statements. The parties can also exchange interrogatories which are written inquiries that have to be answered under oath within a certain time. In addition, your attorney will document the extent of your physical emotional and psychological traumas and any other damages you may seek compensation for such as current and anticipated future medical expenses, property damage and lost wages.

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

Your lawyer will begin negotiations with insurance companies in order to attempt to settle your claim with out a trial. However, if the insurance company offers a low settlement or fails to take your injuries and other damages into account your case is likely to be heard at trial.

It is vital that victims file a suit as soon as they can even though very few cases get to the courtroom. Memories fade, witnesses can disappear, and auto accident evidence could be lost in time and make it difficult to establish a compelling case to get the maximum amount of compensation. You must also adhere to the statute of limitations in your state, which can vary between 1 and 6 years.