Phases of an auto accident law firm Accident Lawsuit

Property damage, medical bills and lost wages can be significant following an auto accident Law firms accident. An experienced lawyer can help you receive the compensation that you need.

The process can vary from case to case but generally, it begins with the filing of a complaint. Then comes the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential element in any auto accident lawsuit. They can help a jury or judge know how the injury affected your life, including the emotional, physical and financial cost of your injuries. Medical records will also provide a story that insurance companies will have a hard to dispute.

You may only have a specific amount of time, contingent on the laws in your state and the policy of your doctor to obtain medical records. It is recommended to consult with your lawyer as soon following an accident as it is possible. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these medical records. But, this doesn't mean that only you or your lawyer will be able to examine your medical records. Insurance companies will often try to find anything that might suggest your injuries were pre-existing or not so severe as you say.

Your lawyer will use the medical information that you supply to write an order letter that will include evidence to support the damages you want. It is important that your lawyer only send relevant medical records to the insurance company, because they could ask you to sign an authorization that allows them to access all your medical records. This is not in the best interest of your claim, as it could reveal previous injuries that are not connected to the claim.

Reports of the Police

Each time a police officer responds to a call for help, such as an accident, he or she produces a report. Although they're not admissible in court (they are considered to be hearsay) however, they provide valuable information to attorneys investigating an accident and creating the case.

A police report offers an objective account of the incident, based on the witness testimony of the officer and his observations of the weather conditions, the drivers, and a variety of other factors. It's a crucial evidence piece that can assist you in winning your lawsuit for car accidents against the defendant.

Typically you can request a copy your police report from the police station that was responsible for the investigation by calling their non-emergency phone number and providing a receipt or incident number to identify it. The police department might also have a website on which you can request copies online.

After your medical expenses as well as property damage and lost wages reach an amount you can afford, you will need to make a claim against the driver who is at fault. The police report is an essential tool in settlement negotiations, particularly when you can establish the other driver's guilt based on observations made by the officer. A lot of cases are settled without having to go to trial. It could take a long time to go through the steps before trial and your case could not be resolved for a long time.

Insurance Company Negotiations

When the adjuster has all the details they require from you and your vehicle accident investigation, he will make an offer of settlement. To create their initial offer, they'll input all the details and facts into an online program. They'll most likely come up with a number which is significantly lower than the number you calculated based on your research. When insurance companies make settlement offers, they have their own financial interest in their minds.

They'll wish to limit the amount they will have to pay for medical bills and other damages. You are able to fight back if you mention the way your injuries will affect your life in the near future. For instance, you can draw attention to your increasing medical bills, your decreased earning capacity, and the emotional and physical pain you're suffering.

You or your lawyer will create a demand letter and then present it to the insurance company. This letter should include all of the evidence that you've collected, including witnesses' statements and photographs of your injuries. You'll also make an inventory of the items you cannot negotiate, so you can deter the insurance company from negotiating with you. When an agreement has been reached and the written settlement contract will reflect it. Negotiations are usually back and forth, but remaining patient will aid in achieving an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. Parties can seek medical records and police reports as well as witness statements. The parties may also trade interrogatories that are written questions that must be answered on the oath within a specified time. In addition your lawyer will record the extent of your physical, emotional and psychological injuries in addition to the other damages you might seek to compensate for in the future, including current and future medical expenses, property damage and lost wages.

Your lawyer will confer with other experts, such as mechanics, medical experts and engineers. These experts can assist the jury to get a clear picture of your injuries and accident.

Your lawyer will then begin discussions with the insurance companies in order to resolve your case without trial. If the insurance company doesn't offer you an equitable settlement or doesn't take into consideration your injuries and other losses, your case is likely to be heard in court.

It is essential that victims file a suit as soon as they can, even though only a few cases will ever make it to court. Memories fade, witnesses pass away, and evidence can be lost over time, making it harder to establish a compelling case for maximum compensation. You must also follow your state's statute of limitations which can range between 1 and 6 years.