Phases of an auto accident law firm Accident Lawsuit

Injuries from car crashes could result in significant medical bills along with property damage and lost wages. An experienced attorney can help you receive the compensation you need.

The procedure can differ depending on the case, but typically, it begins with the filing of an accusation. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an important element in any auto accident law firm accident lawsuit. They can help the jury or judge understand the impact of the injury on your life. This includes the financial, emotional, and physical costs. Insurance companies will be unable to refute the story portrayed by medical records.

You might only have a particular period of time, based on the laws in your state and the policy of your doctor to request medical records. You should speak with your lawyer as soon following an accident as you can. The law provides access to these documents through the Health Information Portability and Accountability Act (HIPAA). 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 anything that suggests your injuries might not be as serious as you claim or that you have a pre-existing condition.

Your lawyer will use the medical information you provide to prepare a letter of demand that will include evidence in support of the damages you are seeking. Your lawyer should only give the relevant medical records to your insurance company. They may request you to allow them to access your complete medical record. This is not in your best interest since it could reveal previous injuries that aren't connected to the present claim.

Police Reports

Every time a police officer responds to a call for assistance, or an accident, he or she creates a police report. Although they aren't admissible in the courts of law (they are considered to be hearsay) They are a valuable source of information for attorneys when conducting investigations and preparing cases.

A police report is an objective report of what happened in the crash, based upon witness statements and observations regarding the damage to the vehicle, weather conditions, drivers, and so on. It's a vital piece of evidence that can help you win a lawsuit in a car accident.

Usually, you can request a copy of your police report from the precinct that handled the investigation by calling their emergency number and providing the receipt or incident number to identify it. You can request copies of the report on the police department's website.

When your medical bills as well as property damage and lost wages exceed an amount you can afford, you'll need to make a claim against the driver at fault. The police report can be an effective tool during settlement negotiations, particularly when you can demonstrate that the other driver was at blame based on the officer's observations. In many cases, however, the parties reach an agreement without going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until one year after filing it.

Insurance Company Negotiations

Once the adjuster has all of the information he needs from you and your automobile accident investigation, he will make an offer for settlement. They will then input all the information and facts into a software program to create their initial offer. Most likely, they will produce a significantly less than the amount you calculated in your study. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll seek to limit the amount they will have to pay for medical bills and other damages. You can fight back when you point out how your injuries will affect your life in future. For example, you can highlight your growing medical bills, your diminished earning potential, and the emotional and physical suffering you're experiencing.

Your attorney or you will create an official demand letter and submit it to an insurance company. This letter will include all of the evidence that you have gathered including witnesses' statements and photographs of your injuries. You should also make an outline of the things you will not negotiate to stop the insurance company from undervaluing your claim. When an agreement is reached and ratified, it will be included in a written settlement agreement. It's common for a back-and-forth to occur during the negotiation process, but remaining calm will allow you to reach an acceptable settlement.

Legal Advice

The next step in a car accident lawsuit is discovery, where both sides exchange information and evidence. The parties can seek medical records, police reports and witness statements. The parties can also exchange interrogatories, which are written questions which must be answered under oath within a certain time. Your attorney will also document the extent of the physical, emotional, and psychological injuries you've sustained, and any other damages that might be sought, including current and projected medical expenses along with property damage, lost wages.

Your lawyer will speak with other experts, including mechanics, medical specialists and engineers. These experts will help paint a an accurate picture of your crash and the injuries you sustained for the jury.

Your attorney will then start negotiations with insurance companies to resolve your case with no trial. If the insurance company fails to offer a fair settlement, or doesn't take into consideration your injuries or other damages, your case will likely be heard in court.

It is important that victims file a lawsuit as soon as possible, even if only a handful of cases will ever make it to the courtroom. With time, memories fade, witnesses die and evidence is lost, making it more difficult to make a strong claim to receive the maximum amount of compensation. You must also comply with your state's statute of limitations which can range from 1 to 6 year.