Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in substantial medical bills, property damage, and even lost wages. A knowledgeable attorney can assist you in getting the compensation you deserve.

The process may differ from case to case, but typically, it starts with the filing of a complaint. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are an essential component of any auto accident law firms - notabug.org - accident lawsuit. They will help a judge or jury understand the impact of the injury on your life. This includes the financial, emotional physical and emotional costs. Insurance companies will be unable to refute the story portrayed by medical records.

Based on the laws of your state and the policy of your doctor You may be granted the time to request medical records from healthcare providers. Consult with your lawyer as soon after an accident as you can. The law protects your access to these records with the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your attorney can view your medical records. Insurance companies are usually keen to discover anything that may indicate that your injuries were not pre-existing or not as severe as you claim.

Your lawyer will utilize the medical records you provide to prepare an order letter that will include evidence in support of the damages you are seeking. It is important to ensure that your lawyer provides relevant medical records to the insurance company, as they may ask you to sign a medical authorization that allows them to access all of your medical records. This is not in your best interest because it could reveal prior injuries that aren't directly related to the present claim.

Reports of the Police

Each time a police officer responds to a request for help, which could include an accident, he prepares a police report. Although they're not admissible in court (they are considered to be hearsay) they can provide invaluable information to attorneys investigating an incident and preparing the case.

A police report is an objective account of what happened during the crash, based upon witness statements and the officer's observations about the vehicles' damage the weather, the drivers and more. It's an important piece of evidence that can assist you in winning a lawsuit in a car accident.

Usually, you can request a copy of your police report from the precinct which was responsible for the investigation by calling their emergency number and providing an invoice or incident number to identify the report. You can also request copies of records through the department's website.

When your medical bills and property damage as well as lost wages exceed a certain amount, you'll have to make a claim against the driver at fault. The police report can be a valuable tool during settlement negotiations, particularly if you can prove that the other driver was largely at fault, based on an officer's observations. A lot of cases are settled without having to go to trial. It can take a while to go through the pre-trial procedures and your case may not be resolved for a long time.

Insurance Company Negotiations

After the adjuster has all the information they need from you and your automobile accident investigation, he'll make an offer to settle. To create their initial offer, they will enter all the details and facts into a computer program. Most likely, they'll come up with a much less than the amount you calculated from your research. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to limit the amount they'll need pay for your medical bills and other damage. You can fight back if mention how your injuries will impact your life in the future. You can, for example, point out your mounting medical bills and lost earning potential, as being aware of the physical and mental suffering you're experiencing.

Your lawyer or you then prepare a demand letter and present it to the insurance company. The letter should include all of the evidence that you've collected, including witness statements and photos of your injuries. You'll also prepare the list of your non-negotiables, so you can keep the insurance company from lowballing you. When an agreement has been reached, the written settlement agreement will reflect it. It's common for a back-and-forth to take place during the negotiation process, but remaining patient will help you reach a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which both parties exchange information and evidence. Parties may request medical records, police reports and witness statements. The parties may also exchange interrogatories that are written questions that have to be answered under the oath within a specified time. Your attorney will also record the severity of physical, emotional, and psychological injuries you've suffered, and any other damages that might be sought, including current and projected medical expenses, property damage, and lost wages.

Your lawyer will consult with other experts, such as mechanics, medical professionals and engineers. They will help paint a a vivid picture of the crash and the injuries you sustained for the jury.

Your attorney will then begin negotiations with the insurance companies in order to resolve your case with no trial. If the insurance company provides you with a low settlement or does not take your injuries and other damages into account the case will be heard at trial.

Although few cases actually go to trial, it is essential for victims to begin a lawsuit as soon as possible. As time passes, memories fade, witnesses pass away and evidence is lost, making it more difficult to make a strong claim to receive the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which can range from 1 to 6 years.