Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages can be significant following an auto accident. An experienced lawyer can assist you receive the compensation you need.

The process can vary from case-to-case, but typically, it begins with the filing of an accusation. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an important element in any auto accident lawsuit. They will assist the jury or judge determine the impact of the accident on your life. This includes the emotional, financial, and physical costs. Medical records will also reveal the story that insurance companies will have a hard to argue.

Depending on your state's laws and your doctor's guidelines depending on your state's laws and your doctor's policy, you could have a limited amount of time to request medical documents from healthcare providers. This is why you should consult with a lawyer as soon as you can following an accident. The law protects your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones to examine your medical records. Insurance companies are usually keen to uncover anything that could suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will utilize your medical records to prepare a demand letters, which will contain evidence to support the damages you are seeking. It is essential that your lawyer only provide relevant medical documents to the insurance company as they may ask you to sign a medical authorization that permits them to access all of your medical records. This is not in your best interests since it could expose past injuries that are not related to the current claim.

Reports of Police

When a police officer responds to a request for help, which could include an accident, he or she creates a police report. While they cannot be used in a court of law (they are considered to be hearsay) they can provide valuable information to attorneys in the process of researching and preparing cases.

A police report gives an objective account of the incident from the witness testimony of the officer and his observations of the weather conditions, the drivers, and other elements. It's a vital piece of evidence that could aid in winning an lexington auto accident attorney accident lawsuit.

Typically you can request a copy your police report from the precinct which handled the investigation by calling their non-emergency number and providing a receipt or incident number to identify the report. The police department may also have a website where you can request copies of your records online.

You'll need to file a lawsuit against the driver who was at fault after your medical expenses along with lost wages and property damage have reached a certain value. The police report is an essential tool in settlement negotiations, particularly when you can prove the other driver's fault in the light of observations made by the officer. A lot of cases are settled without going to trial. It can take a while to go through the pre-trial procedures and your case might not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the details they need from you and the investigation of the car accident is complete, they will offer an offer for settlement. To create their initial offer, Auto Accident they'll input all the information and details into the computer program. They'll likely produce a number that is much lower than the one you calculated from your study. When insurance companies make settlement offers, they've got their own financial interests in mind.

They'll want to limit the amount they'll have to pay for medical expenses and other damages. You can fight back by highlighting the ways in which your injuries will impact your life in the coming years. For example, you can highlight your growing medical bills, your lost earning potential, and the emotional and physical suffering you're experiencing.

Your lawyer or you then prepare a demand letter and send it to the insurance company. This letter will include all of the evidence that you've gathered, including witness statements and photos of your injuries. You should also create an inventory of the items you cannot negotiate, so you can stop the insurance company from under-pricing you. Once an agreement is reached the settlement agreement written will reflect it. Negotiations are usually back and forth, however remaining patient will aid in achieving a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. Parties can seek medical documents, police reports or witness statements. They may also send any additional interrogatories (written questions that have to be answered under oath before the end of a specified time). Additionally, your attorney will document the extent of your physical emotional and psychological injuries and any other damages you might be seeking to recover, including existing and projected future medical costs, property damage, and lost wages.

Your lawyer will confer with other experts like mechanics, medical professionals and engineers. These experts can help the jury to get a clear picture of the injuries and accidents you sustained.

Your lawyer will then start negotiations with the insurance companies to settle your case without a trial. If the insurance company doesn't offer a fair settlement, or does not take into account your injuries or other damages, your case will likely be heard in court.

Although few cases actually go to trial it is vital for the victims to start a lawsuit as quickly as is possible. As time passes, memories fade, witnesses die, and evidence disappears which makes it more difficult to make a strong claim to receive the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which could vary from 1 to 6 years.