Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages could be significant following a car accident. An experienced attorney can help you receive the compensation that you need.

The process varies 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 important element of any north plainfield auto accident attorney accident lawsuit. They will assist the jury or judge know the effects of the accident on your life. This includes the emotional, financial, and physical costs. Insurance companies will have a hard time to challenge the narrative told by medical records.

You might only have a particular amount of time, depending on the laws in your state and the policy of your doctor, to request medical records. This is the reason you should discuss your legal needs as soon as you can after an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA guarantees your right to access these medical records. However, this doesn't mean that you or your lawyer are the only ones who can examine your medical records. Insurance companies are always looking for any sign that could suggest your injuries might not be as severe as you think or that you have a pre-existing condition.

Your lawyer will utilize the medical records that you supply to write the letter of demand, which will include evidence to support the damages you seek. It is imperative that your lawyer only provides relevant medical documents to the insurance company as they may ask you to sign an authorization that allows them to access all your medical records. This is not beneficial to your claim, as it could reveal past injuries not related to this claim.

Police Reports

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

A police report provides an objective account of what transpired in the crash, based on witness statements and observations about the vehicles' damage, weather conditions, drivers and more. It is a significant document that can assist you in winning your lawsuit for car accidents against the defendant.

You can typically request a copy from the police precinct that handled the investigation. Contact their non-emergency number and provide a receipt or an incident number as identification. The police department might also have a website where you can request copies of records online.

You'll have to file a lawsuit against the driver responsible after your medical expenses or lost wages property damage have reached a certain value. The police report can be an effective tool in settlement negotiations, especially when you can demonstrate that the other driver was largely at fault based on the police officer's observations. A lot of cases are settled without going to trial. It may take some time to complete the pre-trial procedures and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

After the adjuster has all the information he needs from you and your car accident investigation, he will make an offer to settle. They will then input all the information and facts into a software program to make their initial offer. Most likely, they will produce a significantly smaller amount than you anticipated in your research. When insurance companies make settlement offers, they have their own financial interests in their minds.

They will be looking to reduce the amount they will have to pay for medical bills and other damages. You can counter by pointing out all the ways that your injuries will impact your life in the near future. For instance, you can, point out your mounting medical bills and your lost earnings potential, as well in the mental and physical pain you're experiencing.

Your lawyer or attorney will prepare a demand form and then present it to the insurance company. This letter should include all the evidence you've gathered such as witness statements and photos of your injuries. You should also create a list of your non-negotiables, so you can deter the insurance company from undercutting you. If an agreement is reached the agreement will be recorded in an agreement to settle in writing. Negotiations are usually back and forth, however perseverance will aid in achieving a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which the parties exchange information and evidence. Parties can seek medical records, police reports, and witness statements. They will also provide another interrogatories (written questions that have to be answered under oath by the deadline). Your attorney will also write down the severity of physical, emotional, and psychological injuries you have suffered, as well as any other damages that might be sought, such as future and current medical expenses or property damage, as well as lost wages.

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

Your lawyer will begin discussions with insurance companies to try to settle your claim without trial. If the insurance company fails to offer a fair settlement, or doesn't take into consideration your injuries and other damages, your case is likely to go to trial.

Although a small percentage of cases make it to trial, it is vital for the victims to begin a lawsuit as soon as they can. Memory fades, witnesses die and evidence can disappear as time passes, making it harder to make a strong case for the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which could be anywhere from one to six years.