Phases of an auto accident law firm Accident Lawsuit

Injuries from car crashes can result in substantial medical bills, property damage and lost wages. An experienced lawyer can assist you in obtaining the compensation you deserve.

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

Medical Records

Medical records are an important element of any Auto accident Law firm accident lawsuit. They will assist the judge or jury to understand how the injury has affected your life, including the physical, emotional and financial cost of your injuries. Medical records will also provide the story that insurance companies will have a hard time disputing.

You may only have a certain amount of time, based on the laws of your state and the policy of your doctor, to obtain medical records. It is recommended to consult with your lawyer as soon after an accident as you can. The law provides access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer can examine your medical records. Insurance companies will often try to uncover anything that could indicate that your injuries were not pre-existing or not as severe as you think.

Your lawyer will make use of your medical records to prepare a demand letter which will contain evidence to support the damages you seek. Your lawyer must only provide the relevant medical documents to your insurance company. They may require you to give them permission to access your complete medical record. This is not beneficial to your claim because it could expose past injuries that are not relevant to the claim.

Police Reports

Each time a police officer responds to a request for help, which could include an accident, he prepares a police report. Even though they aren't admissible in court (they are deemed to be hearsay) they can provide valuable information to attorneys when investigating an incident and preparing an argument.

A police report gives an objective account of the accident, based on the witness testimony of the officer and his observations regarding the weather conditions, the drivers, and a variety of other factors. It's an important piece of evidence that could aid you in winning your lawsuit for car accidents against the defendant.

Typically you can request a copy of your police report from the precinct that handled the investigation by calling their emergency number and supplying a receipt or incident number to identify the report. You can also request copies of records through the police department's website.

After your medical expenses or property damage, as well as lost wages reach an amount you can afford, you will need to make a claim against the at-fault driver. The police report can be a valuable tool during settlement negotiations, especially if you can prove that the other driver was at fault based on the officer's observations. A lot of cases are settled without going to trial. Pre-trial proceedings can take a long time and your case may not be resolved until one year after you file it.

Insurance Company Negotiations

After the adjuster has all of the details they require from you and your vehicle accident investigation, he will make a settlement offer. To create their initial offer, they'll input all the details and facts into an application on computers. Most likely, they will come up with a much smaller number than what you estimated from your study. 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 expenses and other damage. You can fight back if you point out how your injuries will affect your life in the near future. You can, for example highlight your growing medical bills and lost earning potential, as well as the physical and mental suffering you're experiencing.

Your lawyer or attorney will then draft a demand letter and then present it to the insurer. The letter should contain all the evidence you've collected, including witnesses' statements and photographs of your injuries. You should also create the list of your non-negotiables so you can stop the insurance company from under-pricing you. Once you have reached an agreement, it will be reflected in an agreement to settle in writing. It's normal for a back-andforth to take place during these negotiations, but being calm will allow you to reach a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which the parties exchange information and evidence. Parties may require medical records or police reports as well as witness statements. The parties will also exchange interrogatories which are written questions which have to be answered on an oath within certain times. In addition the attorney will also document the extent of your physical emotional and psychological traumas and the additional damages you may seek to compensate for, including existing and projected future medical expenses, property damage and lost wages.

Your lawyer will also talk with experts, such as medical experts, mechanics and engineers. These experts can assist the jury get a clear picture of the injuries and accidents you sustained.

Then, your lawyer will begin discussions with insurance companies to try to settle your claim without trial. If the insurance company is willing to offer you a small settlement or fails to take your injuries and other damages into consideration, your case will likely progress to trial.

It is important that victims file a lawsuit as soon as possible, even if only a handful of cases make it to court. Over time 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. Additionally, you must comply with the statute of limitations in your state, which could range from 1 to 6 years.