Phases of an auto accident lawsuits Accident Lawsuit

Car crash injuries can result in significant medical bills, property damage, and even lost wages. An experienced lawyer can help you receive the compensation you need.

The procedure is different from case-to-case, but generally starts by filing a complaint. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are an essential element in any auto accident case. They will help a jury or judge determine how the accident has impacted your life, including the emotional, physical and financial consequences of your injuries. Medical records will also provide a story that insurance companies will have a difficult to dispute.

You might only have a limited amount of time, based on the laws in your state and the policy of your doctor to request medical records. This is the reason why you should speak with your lawyer as soon as you can after an accident. The law provides access to these documents through the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer can see your medical records. Insurance companies will often try to discover anything that may suggest that your injuries were pre-existing or not as severe as you think.

Your lawyer will use your medical records to create a demand letter which will include evidence to justify the damages you're seeking. It is important that your lawyer only provides relevant medical records to the insurance company, because they could ask you to sign a medical authorization that allows them to access all of your medical records. This is not in your best interest since it could reveal previous injuries that aren't related to the present claim.

Police Reports

Police reports are prepared each time a police officer responds to an emergency, including car accidents. Even though they aren't admissible in court (they are considered to be hearsay) They can provide valuable information to attorneys when investigating an incident and preparing a case.

A police report offers an impartial account of the accident from the witness' testimony and the officer's observations regarding the weather conditions, the drivers, and other elements. It's an important document that can help you win your lawsuit for car accidents against the defendant.

You can usually request a copy from the precinct responsible for the investigation. Contact their non-emergency number and provide an original receipt or an incident number for identification. The police department might also have a website on which you can request copies online.

When your medical bills and property damage as well as lost wages exceed an amount you can afford, 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 when you can prove that the other driver was at fault based on the officer's observations. Many cases are settled without having to go to trial. It can take time to work through the pre-trial process and your case might not be resolved for a year or more.

Insurance Company Negotiations

When the adjuster has all the information he needs from you as well as your car accident investigation, they'll make an offer for settlement. They will enter all the information and facts into a software program to make their initial offer. They'll probably come up with a number which is significantly lower than the number you calculated based on your research. It's important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll want to reduce the amount they have to pay for medical expenses and other damages. You can fight back by pointing out all the ways that your injuries could affect your life in the near future. For instance, you could refer to your rising medical bills, your lost earnings capacity and the emotional and physical pain you're experiencing.

You or your lawyer will create a demand letter and then present it to the insurance company. It will contain all the evidence you have gathered including witness statements, photos of your injuries and any documents that support your losses. You should also make an inventory of non-negotiables in order to ensure that the insurance company is not undervaluing your claim. Once an agreement has been reached, the written settlement agreement will reflect it. It's not uncommon for back-and-forth to occur during the negotiation process, but remaining calm will allow you to reach an equitable settlement.

Legal Advice

The next step in a car accident lawsuit is discovery. During this process, both parties exchange information and evidence. Parties may request medical records, police reports and witness statements. The parties can also exchange interrogatories, which are written questions that have to be answered under an oath within certain times. Additionally your lawyer will record the extent of your physical, emotional and psychological injuries in addition to the other damages you might be seeking to recover in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will also talk with experts such as medical specialists mechanics, engineers and mechanics. These experts can help the jury get an accurate picture of the injuries and accidents you sustained.

Then, your lawyer will begin negotiations with insurance companies in order to try to settle your claim without trial. If the insurance company does not offer you a fair settlement, or does not take into account your injuries and other damages your case is likely to go to trial.

It is important that victims file a suit as soon as they can, even though only a few cases get to the courtroom. The memories fade, witnesses die and evidence can disappear as time passes, 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.