Phases of an Auto Accident Lawsuit

Injuries from car crashes 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 can differ from case to case but generally it begins with the filing of an action. This is followed by the discovery phase along with any appeals.

Medical Records

Medical records are an essential component of any auto accident lawsuit. They will assist jurors or judges comprehend how the accident impacted your life, including the physical, emotional and financial burdens of your injuries. Insurance companies will have a hard time to argue with the information provided by medical records.

You may only have a specific amount of time, depending on the laws of 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 or HIPAA, protects your right to access these records. But, this doesn't mean that only you or your lawyer are able to view your medical records. Insurance companies are always looking for any sign that could indicate your injuries may not be as severe as you claim or if you have pre-existing injuries.

Your lawyer will use your medical records to draft a demand letter, which will contain evidence to support the damages you're seeking. Your lawyer should only provide the relevant medical records to your insurance company. They may request you to allow them to access your complete medical record. This is not the best option for your claim because it could reveal injuries from the past that are not related to the claim.

Police Reports

Police reports are created each time a law enforcement officer responds to an emergency, including car accidents. Although they're not admissible in court (they are considered hearsay) they can provide invaluable information to attorneys investigating an accident and preparing a case.

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

Typically, you can request a copy of your police report from the precinct that was responsible for the investigation by calling their emergency number and providing an invoice or incident number to identify the report. The police department might also have a website where you can request copies of the records online.

You'll need to file a suit against the driver responsible when your medical bills along with lost wages and property damage have reached the amount of. The police report can be an essential tool in settlement negotiations, especially when you can prove the other driver's negligence in the light of observations made by the officer. A lot of cases are settled without going to trial. It could take a long time to go through the pre-trial process and your case might not be resolved for a year or more.

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 a settlement offer. They will then input all the information and facts into a computer program to generate their initial offer. Most likely, they will make a less than the amount you calculated in your study. When insurance companies make settlement offers, they've got their own financial interests in their minds.

They will want to limit how much they will have to pay for medical bills and other damages. You can fight back if mention how your injuries will negatively impact your life in the future. For example, you can draw attention to your increasing medical bills, your decreased earnings capacity and the physical and emotional suffering you're going through.

You or your attorney will prepare an order letter and present it to an insurance company. It will contain all the evidence you've collected including witness statements, photos of your injuries, and any documents supporting your losses. You will also create a list of non-negotiables to prevent the insurance company from undervaluing your claim. If an agreement is reached, it will be reflected in the form of a written settlement agreement. It's common for a back-and-forth to take place during the negotiation process, but remaining patient will help you achieve an equitable settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery, where both parties exchange information and evidence. Parties can require medical records or police reports, as well as witness statements. They will also send the other interrogatories (written questions that need to be completed under oath at the deadline). Your attorney will also write down the extent of the physical emotional, psychological, and physical injuries you've sustained, as well as any other damages which could be sought, including the amount of medical expenses you are currently and in the future along with property damage, lost wages.

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

Your attorney will then begin negotiations with insurance companies in order to settle your case without trial. However, if the insurance company offers a small settlement or does not take your injury and other damages into consideration, your case will likely proceed to trial.

Although few cases actually go to trial it is essential for victims to make a claim as soon as they can. As time passes memories fade, witnesses pass away and evidence is lost which makes it more difficult to present a compelling case for maximum compensation. You must also follow your state's statute of limitations, which can vary from 1 to 6 year.