Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages may be substantial following an auto accident. An experienced lawyer can help to get the compensation you require.

The procedure can differ depending on the case, but usually begins with the filing of a complaint. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are an important part of any auto accident law firm accident lawsuit. They can assist a judge or jury know the effects of the injury on your life. This includes the financial, emotional physical, and emotional costs. Medical records will also tell the story that insurance companies will have a hard time disputing.

Based on the laws of your state and the policy of your doctor You may be granted a limited amount of time to request medical records from healthcare providers. This is the reason why you should consult with a lawyer as soon as possible following an accident. Health Information Portability and Accountability Act, or HIPAA is a law that protects your right to access these records. But, this doesn't mean that only you or your attorney can examine your medical records. Insurance companies will often try to uncover anything that could suggest that your injuries are pre-existing or not as severe as you think.

Your lawyer will make use of the medical records you provide to prepare a letter of demand that includes evidence to justify the damages you seek. It is imperative 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 your medical records. This is not in your best interest because it could reveal prior injuries that aren't related to the present claim.

Police Reports

Police reports are generated every time a law enforcement officer responds to an emergency or accident, such as car accidents. Although they aren't admissible in a court of law (they are considered to be hearsay) They are a valuable source of information for attorneys who are conducting investigations and preparing cases.

A police report gives an impartial account of the accident which is based on the witnesses' testimony and the officer's observations of the weather conditions, drivers, and auto Accident lawsuit other factors. It's an important evidence that can aid in winning an auto accident lawsuit.

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

After your medical expenses as well as property damage and lost wages are at an amount you can afford, you'll need to start a lawsuit against the driver who is at fault. The police report can be an essential tool in settlement negotiations, especially if you can prove the other driver's guilt in the light of observations made by the officer. In many cases, however, the parties reach an agreement without ever going to trial. The process of preparing for trial can be lengthy and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

Once the adjuster has all the details they require from you and your car accident investigation, they will make an offer for settlement. They will then input all the facts and details into a computer program to generate their initial offer. Most likely, they will make a less than the amount you calculated based on your investigation. When insurance companies make settlement offers, they've got their own financial interests in mind.

They'll want to reduce the amount they'll need to pay for medical expenses and other damages. You can fight back by pointing out all the ways that your injuries will impact your life in the future. You could, for instance highlight your growing medical bills and lost earning potential, as well as the physical and mental suffering you're experiencing.

You or your attorney will prepare an official demand letter and submit it to an insurer. This should include all the evidence you have collected such as witness statements, photographs of your injuries and any documents that support your losses. You should also create an outline of your non-negotiables to ensure you can stop the insurance company from lowballing you. When an agreement has been reached and the written settlement contract will reflect it. Negotiations are usually back and forth process, but perseverance will aid in achieving a fair settlement.

Legal Advice

The next step in a car accident lawsuit is discovery, where both parties exchange information and evidence. Parties may require medical records or police reports, and witness statements. They will also send the other interrogatories (written questions to be answered under oath before the deadline). Your attorney will also write down the extent of physical psychological, emotional, and physical traumas you've suffered and any other damages that could be sought, including the amount of medical expenses you are currently and in the future or property damage, as well as lost wages.

Your lawyer will confer with other experts, like mechanics, medical professionals, and engineers. These experts can assist the jury get an accurate picture of your injuries and accident.

Then, your lawyer will begin negotiations with insurance companies to attempt to settle your claim without trial. If the insurance company doesn't offer an equitable settlement or does not consider your injuries and other losses, your case will likely be heard in court.

Although few cases actually make it to trial, it is important for victims to begin a lawsuit as soon as is possible. With time, memories fade, witnesses die, and evidence disappears, making it more difficult to file a convincing claim to receive the maximum amount of compensation. You must also follow your state's statute of limitations that can range from 1 to 6 years.