Phases of an Auto Accident Lawsuit

Damage to property, medical bills, and lost wages can be substantial after an accident in the car. An experienced lawyer can help you in obtaining the amount of compensation you deserve.

The procedure can differ from case-to-case, but generally it begins with the filing of an action. Then comes the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential element of any dunkirk auto accident law firm accident lawsuit. They will help the judge or jury to determine how the accident has had an impact on your life, including the emotional, physical and financial cost of your injuries. Insurance companies will find it difficult to challenge the narrative told by medical records.

You may only have a certain amount of time, depending on the laws in your state and the guidelines of your physician, to request medical records. This is the reason why you should consult with a lawyer as soon as possible following an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA is a law that protects your right to access these documents. This doesn't mean you or your lawyer are the only ones able to examine your medical records. Insurance companies are generally keen to find anything that might suggest that your injuries were pre-existing or not so severe as you say.

Your lawyer will make use of your medical records to create a demand letter that will include evidence to justify the damages you seek. It is essential that your lawyer only provide relevant medical records to the insurance company, since they might ask you to sign an 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 aren't related to the present claim.

Reports of Police

Police reports are prepared each time a law enforcement officer responds to an emergency call and also car accidents. Even though they're not admissible in court (they are deemed to be hearsay) they can provide invaluable information to attorneys investigating an accident and creating a case.

A police report provides an objective account of the accident, based on the witness' testimony as well as the officer's observations regarding the weather conditions, the drivers, and other elements. It's an important piece of evidence which can aid in winning an auto accident lawsuit.

You can typically request a copy of the records from the police precinct that handled the investigation. Call their non-emergency phone number and provide a receipt or an incident number for identification. You can also request copies of records through the website of the police department.

After your medical bills and property damage as well as lost wages exceed an amount that is a certain amount, you'll have to make a claim against the driver at fault. The police report can be a valuable tool in settlement negotiations, particularly when you can prove that the other driver was at fault, based on an officer's observations. But, many cases settle a settlement without ever going to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until a year after filing it.

Insurance Company Negotiations

Once an adjuster has all the data they require from you, and the investigation of the car accident and investigation, they will make an offer for settlement. They will input all the information and facts into a computer program in order to create their initial offer. Most likely, auto accident lawsuit they will arrive at a smaller number than what you estimated using your investigation. When insurance companies offer settlement offers, they have their own financial interest in the back of their heads.

They'll want to limit the amount they'll need pay for medical expenses and other damage. You can counter by highlighting all the ways that your injuries will impact your life in the future. For example, you can highlight your growing medical bills, your lost earning capacity, and the emotional and physical suffering you're experiencing.

Your lawyer or you will prepare a demand form and submit it to the insurance company. This will include all the evidence you've gathered including witness statements, photos of your injuries as well as any evidence to support your losses. Also, you'll make an outline of your non-negotiables, so you can prevent the insurance company from lowballing you. When an agreement is reached, it will be reflected in the form of a written settlement agreement. Negotiations often involve back and forth, however remaining patient will assist you in negotiating a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which the parties exchange information and evidence. Parties may request medical records and police reports, and witness statements. The parties can also exchange interrogatories which are written inquiries which must be answered under oath within a certain time. Your attorney will also record the severity of physical emotional, psychological, and physical injuries you've sustained, as well as any other damages that could be sought, including current and projected medical expenses, property damage, and lost wages.

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

Your lawyer will then begin discussions with insurance companies to settle your case without a trial. However, if the insurance company provides you with an unsatisfactory settlement or fails to take your injuries and other damages into consideration your case is likely to proceed to trial.

While a small number of cases do go to trial, it is crucial for victims to file a lawsuit as soon as they can. With time memories fade, witnesses die, and evidence disappears and it becomes more difficult to establish a solid claim to receive the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.