Phases of an auto accident lawyer Accident Lawsuit

Car accident injuries can result in substantial medical bills, property damage, and Auto Accident lawsuit even lost wages. A knowledgeable attorney can help you receive the compensation you need.

The procedure varies from case to case, but generally starts by filing a complaint. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an essential element in any auto accident law firms accident lawsuit. They will aid the judge or jury to understand how the injury has affected your life, including the emotional, physical and financial cost of your injuries. Insurance companies will be unable to dispute the story told by medical records.

You may only have a certain amount of time, depending on the laws of your state and the guidelines of your physician, to request medical records. It is recommended to consult with your lawyer as soon after an accident as you can. The law safeguards your access to these records through the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer are able to view your medical records. Insurance companies are always looking for evidence that might suggest that your injuries aren't as severe as you claim or pre-existing.

Your lawyer will use your medical records in order to create a demand letter that will include evidence to support the damages you are seeking. It is imperative that your lawyer only provides relevant medical documents to the insurance company, as they may request you to sign an authorization that allows them to access all of your medical records. This is not in your best interests since it could reveal previous injuries that aren't related to the present claim.

Police Reports

When a police officer responds to a call for help, including an accident, he creates a police report. Even though they aren't admissible in court (they are considered to be hearsay) they can provide important information to attorneys when investigating an incident and preparing a case.

A police report gives an independent account of the crash that is based on the witness testimony of the officer and his observations of the weather conditions, drivers, and other aspects. It is a crucial piece of evidence that can aid in winning an auto accident lawsuit.

You can typically request a copy of the records from the precinct responsible for the investigation. Call their non-emergency phone number and provide the receipt or incident number for identification. The police department may also have a website on which you can request copies of the records online.

After your medical bills, property damage and lost wages reach a certain amount, you'll have to file a lawsuit against the driver at fault. The police report can prove to be a helpful tool during settlement negotiations, especially when you can prove that the other driver was largely at blame based on the officer's observations. A lot of cases are settled without having to go to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

Once an adjuster has all the data they require from you as well as the investigation of the car accident is complete, they will offer an offer of settlement. They will put all the facts and details into a computer program to create their initial offer. Most likely, they will produce a significantly smaller amount than you anticipated from your research. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They'll want to reduce the amount they'll have to pay for your medical expenses and other damage. You can counter by pointing out the ways in which your injuries will impact your life in the coming years. For instance, you can mention your increasing medical bills and your lost earning potential, as well in the mental and physical pain you're experiencing.

Your attorney or you then prepare the letter of demand and present it to an insurance company. The letter should include all the evidence you've gathered such as witness statements and photos of your injuries. Additionally, you should create an outline of the things you will not negotiate to stop the insurance company from undervaluing your claim. Once an agreement is reached, it will be reflected in an agreement for settlement in writing. Negotiations often involve back and forth, but perseverance will assist you in negotiating an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which both parties exchange information and evidence. The parties may request medical records, police reports and witness statements. They will also send the other interrogatories (written questions that must be answered under oath by the deadline). Additionally, your attorney will document the extent of your physical, emotional and psychological injuries and any other damages you could be seeking to recover, auto accident lawsuit including existing and projected future medical expenses, property damage and lost wages.

Your lawyer will also speak with experts, such as medical experts, mechanics and engineers. These experts will aid in painting a a vivid picture of your crash and your injuries for the jury.

Your lawyer will begin discussions with insurance companies to attempt to resolve your claim without trial. If the insurance company fails to provide you with an equitable settlement or does not consider your injuries and other losses, your case is likely to go to trial.

Although few cases actually go to trial, it is crucial for victims to make a claim as soon as is possible. The memories fade, witnesses die and evidence can disappear as time passes and make it difficult to present a convincing case for the maximum amount of compensation. You must also comply with the statute of limitations for your state which can range from 1 to 6 year.