Phases of an Auto Accident Lawsuit

Car accident injuries could result in significant medical bills along with property damage and lost wages. An experienced attorney can assist you in obtaining the compensation you deserve.

The process can vary from case-to-case, but generally, it starts with the filing of an accusation. The discovery phase, trial, and appeals follow.

Medical Records

Medical records are an essential part of any auto accident lawsuit. They will assist jurors or judges to comprehend the impact of the injury on your life. This includes the emotional, financial physical, and emotional costs. Medical records can also tell an insurance company a story they will have a tough time disputing.

You might only have a limited amount of time, contingent on the laws in your state and the guidelines of your physician, to obtain medical records. You should speak with your lawyer as soon following an accident as possible. Health Information Portability and Accountability Act (HIPAA) HIPAA is a law that protects your right to access these medical records. But, this doesn't mean that only you or your lawyer are able to see your medical records. Insurance companies are always looking for any sign that could indicate that your injuries aren't as serious as you claim or pre-existing.

Your lawyer will utilize your medical records to prepare a demand letters, that will include evidence to support the damages you seek. Your lawyer must only provide the relevant medical documents to your insurance company. They might ask you to grant them permission to access your complete medical record. This is not the best option for your claim as it may reveal previous injuries that are not connected to the claim.

Reports of the Police

Police reports are generated each time a police officer responds to an emergency, including car accidents. Even though they're not admissible in court (they are deemed to be hearsay) however, they provide invaluable information to attorneys investigating an incident and preparing a case.

A police report is an objective account of what happened in the accident, based on witnesses' testimony and observations by the officer regarding the damage to the vehicle and weather conditions, drivers and more. It is a crucial piece of evidence that could assist you in winning an auto accident lawsuits accident lawsuit.

You can usually request a copy from the precinct responsible for the investigation. Call their non-emergency line and provide the receipt or incident number as proof of identification. You can request copies of your police report through the website of the police department.

After your medical bills or property damage, as well as lost wages reach a certain amount, you'll have to file a lawsuit against the at-fault driver. The police report can prove to be a helpful tool during settlement negotiations, particularly if you can prove that the other driver was largely at fault, based on an officer's observations. But, many cases settle an agreement without going to trial. It could take a long time to work through the steps before trial and Auto Accident Lawsuit your case may not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the details they require from you, and the car accident investigation, they will extend a settlement offer. To make their first offer, they will enter all the details and facts into an online program. Most likely, they'll arrive at a less than the amount you calculated based on your study. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll be looking to reduce the amount they will have to pay for medical bills and other damages. You can fight back by highlighting all the ways that your injuries will affect your life going forward. For instance, you can, point out your mounting medical bills and lost earning potential, as well as the physical and mental pain you're experiencing.

You or your attorney will prepare an official demand letter and then present it to an insurance company. This letter should include all of the evidence that you have gathered including witness statements and photos of your injuries. You'll also make a list of the items you cannot negotiate, so you can stop the insurance company from negotiating with you. Once an agreement is reached and ratified, it will be included in an agreement to settle in writing. It's normal for a back-andforth to occur during these negotiations, but being calm will allow you to reach an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which both parties exchange information and evidence. Parties may request medical records and police reports and witness statements. They will also send another interrogatories (written questions to be answered under oath by the end of the specified time). Your attorney will also write down the severity of the physical emotional, psychological, and physical injuries you've suffered, as well as any other damages that could be sought, such as the amount of medical expenses you are currently and in the future along with property damage, lost wages.

Your lawyer will consult with other experts, like mechanics, medical professionals, and engineers. These experts can assist the jury get clear information about your injuries and the accident.

Finally, your attorney will begin negotiations with insurance companies to attempt to resolve your claim without trial. If the insurance company fails to offer an equitable settlement or does not take into account your injuries and other damages your case will likely go to trial.

While a small number of cases do make it to trial, it is essential for victims to start a lawsuit as quickly as possible. The memories fade, witnesses disappear, and evidence could be lost as time passes and it becomes difficult to build a strong case for maximum compensation. Plus, you must comply with the statute of limitations in your state, which could range from 1 to 6 years.