Phases of an Auto Accident Lawsuit

Car accident injuries can result in significant medical bills along with property damage and lost wages. An experienced lawyer can help you receive the compensation that you require.

The process may differ from case to case, but typically, it starts with the filing of a complaint. This is followed by the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential component of any auto accident lawsuit. They will aid the judge or jury to understand how the injury has affected your life, including the physical, emotional and financial costs of your injuries. Insurance companies will have a hard time to challenge the narrative told by medical records.

According to the laws of your state 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 speak with your lawyer as soon as possible after an accident. The law safeguards your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that you or your lawyer are the only ones to view your medical records. Insurance companies will often try to discover anything that may suggest that your injuries are pre-existing or not so severe as you say.

Your lawyer will make use of the medical records you provide to prepare the letter of demand, which will include evidence supporting the damages you're seeking. Your lawyer should only give the relevant medical records to your insurance company. They might require you to give them permission to access your complete medical record. This is not in the best interest of your claim since it could reveal previous injuries that are not connected to this claim.

Reports of Police

Police reports are prepared every time a law enforcement officer responds to an emergency, including car accidents. Although they are not admissible in a court of law (they are deemed to be hearsay) they can provide valuable information to attorneys when they are investigating and preparing cases.

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

You can typically request a copy from the police precinct that handled the investigation. Call their emergency line and provide an invoice or an incident number for identification. You can also request copies of police reports through the website of the police department.

You'll need to file a suit against the person who caused the accident after your medical expenses as well as lost wages and property damage have reached a certain value. The police report can be a useful tool in settlement negotiations, particularly when you can prove that the other driver was largely at fault based on the police officer's observations. Many cases are settled without having to go to trial. Pre-trial proceedings can take a long time and your case might not be resolved until one year after you file it.

Insurance Company Negotiations

Once an adjuster has all of the information they require from you as well as the investigation into the car accident and investigation, they will make an offer of settlement. They will input all the facts and details into a software program to create their initial offer. They will most likely produce a number that's much lower than what you calculated from your study. When insurance companies make settlement offers, they have their own financial interest in the back of their heads.

They'll want to limit the amount they'll need to pay for medical expenses and other damages. You can fight back when you explain the negative effects your injuries could have on you and affect your life in future. You can, for example, point out your mounting medical bills and your lost earning potential, as being aware of the physical and mental suffering you are experiencing.

You or your attorney will prepare the letter of demand and then present it to an insurance company. The letter should include all of the evidence that you have gathered including witnesses' statements and photographs of your injuries. You should also make an outline of the things you will not negotiate to ensure that the insurance company is not undervaluing your claim. When an agreement has been reached and the written settlement contract will reflect it. It's common for a back-and-forth to take place during these negotiations, but remaining patient will help you achieve an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, in which the parties exchange information and evidence. The parties can request medical records, police reports and witness statements. The parties may also exchange interrogatories that are written questions that must be answered on the oath within a specified time. Your attorney will also document the extent of the physical mental, emotional, or psychological injuries you have suffered, and any other damages that may be sought out, such as the amount of medical expenses you are currently and in the future as well as property damage and lost wages.

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

Your attorney will then begin discussions with the insurance companies to settle your case without trial. If the insurance company fails to provide you with a fair settlement or doesn't take into consideration your injuries and other damages, your case will likely go to trial.

While only a few cases get to trial, it is essential for victims to file a lawsuit as soon as possible. Memory fades, witnesses pass away, and evidence can be lost in time, making it harder to present a convincing case for the maximum amount of compensation. In addition, you must abide with the statute of limitations in your state, which could vary from 1 to 6 years.