Phases of an auto accident lawyer Accident Lawsuit

Damage to property, medical bills and lost wages can be significant following an accident. An experienced lawyer can assist to get the compensation you need.

The procedure varies from case to case, however, generally it starts with filing an action. Then comes the discovery phase, trial and any appeals.

Medical Records

Medical records are an essential part of any auto accident Lawsuits accident lawsuit. They will assist the judge or jury to determine how the accident has impacted your life, including the emotional, physical and financial burdens of your injuries. Medical records can also tell an insurance company a story they will have a hard time disputing.

Based on the laws of your state and the policies of your doctor In some states, you'll have only a short amount of time to request medical records from healthcare providers. This is why it is important to consult with a lawyer immediately following an accident. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these documents. However, this does not mean that only you or your attorney can view your medical records. Insurance companies are always looking for any sign that could suggest your injuries may not be as severe as you think or if you have pre-existing injuries.

Your lawyer will use your medical records in order to draft a demand letter, that will include evidence to justify the damages you are seeking. It is imperative that your lawyer only provides relevant medical records to the insurance company, because they could ask you to sign an authorization that allows them to access all of your medical records. This is not beneficial to your claim as it may reveal past injuries not related to the claim.

Police Reports

Police reports are created each time a law enforcement officer responds to an emergency for example, car accidents. Although they cannot be admitted in the courts of law (they are considered to be hearsay), they provide valuable information to attorneys in the process of researching and preparing cases.

A police report offers an independent account of the crash that is based on the witness testimony of the officer and his observations regarding the weather conditions, drivers, and other elements. It is an important piece of evidence which can aid in winning a car accident lawsuit.

Typically you can request a copy your police report from the police station that was responsible for the investigation by calling their non-emergency line and providing the receipt or incident number to identify it. You can request copies of the report through the police department's website.

When your medical bills as well as property damage and lost wages reach the amount of a certain amount, then you'll need to file a lawsuit against the driver at fault. The police report is an essential tool in settlement negotiations, especially when you can establish the other driver's guilt from the evidence provided by the officer. In many cases, however, the parties reach a settlement without ever going to trial. It can take time to go through the pre-trial procedures and your lawsuit might not be resolved for a long time.

Insurance Company Negotiations

When the adjuster has all the information they need from you and your vehicle accident investigation, he'll make an offer for settlement. They will input all the facts and details into a computer program in order to make their initial offer. They'll likely come up with a number which is lower than what you calculated based on your investigation. When insurance companies offer settlement offers, they've got their own financial interests in the back of their heads.

They'll be looking to reduce the amount they are required to pay for medical bills and other damages. You can fight back by highlighting all the ways your injuries will impact your life in the future. You can, for example mention your increasing medical bills, your diminished earnings potential, as well being aware of the physical and mental suffering you're experiencing.

Your lawyer or you will create a demand letter and send it to the insurance company. It should include all the evidence you've collected and include witness statements, photos of your injuries and any evidence to support your losses. You'll also make an outline of your non-negotiables to ensure you can stop the insurance company from undercutting you. Once you have reached an agreement the agreement will be recorded in an agreement for settlement in writing. Negotiations are usually back and forth process, but being patient can ensure an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which the parties exchange information and evidence. Parties can seek medical documents, police reports or witness statements. They may also send each other interrogatories (written questions that have to be answered under oath before the end of the specified time). In addition, your attorney will document the extent of your physical emotional and psychological injuries in addition to the other damages you may seek to compensate for such as current and anticipated future medical expenses, property damage and lost wages.

Your lawyer will talk to other experts like mechanics, medical experts and engineers. These experts will aid in painting a an accurate picture of the crash and the extent of your injuries to the jury.

Your attorney will then begin negotiations with insurance companies in order to settle your case without trial. However, if the insurance company is willing to offer you an unsatisfactory settlement or fails to take your injuries and other damages into account the case could be heard at trial.

It is essential that victims file a lawsuit as soon as possible even though very few cases get to court. As time passes memories fade, witnesses pass away, and evidence disappears which makes it more difficult to present a compelling case for the highest amount of compensation. You must also comply with the statute of limitations in your state which can vary between 1 and 6 years.