Phases of an auto accidents Accident Lawsuit

Car accident injuries can result in substantial medical bills, property damage and lost wages. An experienced lawyer can help to get the compensation you require.

The process is different from case to case, however, it generally begins with filing a complaint. Then comes the discovery phase trial, and any appeals.

Medical Records

Medical records are a vital element of any auto accident lawsuits accident law firm (Recommended Reading) accident case. They can help the judge or jury to understand how the injury has had an impact on your life, including the physical, emotional and financial cost of your injuries. Insurance companies will have a hard time to challenge the narrative told by medical records.

You may only have a specific period of time, based on the laws in your state and the policy of your doctor, to request medical records. It is recommended to consult with your lawyer as soon after an accident as you can. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these documents. However, this doesn't mean that only you or your lawyer can access your medical records. Insurance companies are always looking for evidence that might suggest your injuries may not be as severe as you think or have a pre-existing condition.

Your lawyer will make use of the medical records that you supply to write the letter of demand, which will include evidence to support the damages you want. Your lawyer should only give the relevant medical documents to your insurance company. They might ask you to grant them permission to access your entire medical record. This is not in your best interests as it could reveal past injuries that are not related to the current claim.

Police Reports

Police reports are produced each time a law enforcement officer responds to an emergency call, including car accidents. Even though they're not admissible in court (they are considered hearsay) however, they provide invaluable information to attorneys investigating an accident and preparing the case.

A police report is an objective view of what happened during the crash, based on witness statements and the officer's observations about the vehicles' damage, weather conditions, drivers, and so on. It's a vital evidence that can aid in winning a car accident lawsuit.

You can typically request a copy from the precinct who handled the investigation. Call their emergency line and provide an original receipt or an incident number to prove your identity. The police department may also have a website where you can request copies online.

When your medical bills and property damage as well as lost wages are at a certain amount, you will need to bring a lawsuit against the driver who is at fault. The police report can be a valuable tool in settlement negotiations, especially in cases where you can show that the other driver was largely at blame based on the officer's observations. In many cases, however, the parties reach settlements without ever going to trial. It can take time to complete the pre-trial steps and your case could not be resolved for a year or more.

Insurance Company Negotiations

After the adjuster has all of the information he needs from you and your automobile accident investigation, they will make an offer for settlement. To make their first offer, they will enter all the information and details into an application on computers. They'll most likely produce a number which is lower than what you calculated from your investigation. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They'll wish to limit the amount they pay in medical bills and other damages. You can fight back when you explain how your injuries will affect your life in future. For instance, you can you can highlight the mounting medical bills and lost earnings potential, as well as the mental and physical suffering you're feeling.

You or your lawyer will prepare a demand form and send it to the insurance company. This should include all the evidence you've collected including witness statements, photographs of your injuries as well as any documents supporting your losses. You'll also prepare the list of the items you cannot negotiate, so you can keep the insurance company from lowballing you. When an agreement has been reached, the written settlement agreement will reflect it. Negotiations are usually back and forth process, but remaining patient will assist you in negotiating a fair settlement.

Legal Advice

The next phase in the car lawsuit involving an accident is discovery, in which the parties exchange information and evidence. Parties may seek medical records, police reports, and witness statements. They will also send any additional interrogatories (written questions to be answered under oath by end of the specified time). Your lawyer will also record the severity of physical mental, emotional, or psychological injuries you have suffered, in addition to any other damages that could be sought, such as current and projected medical expenses or property damage, as well as lost wages.

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

Finally, your attorney will begin discussions with insurance companies to try to resolve 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 be heard at trial.

While only a few cases make it to trial, it is essential for victims to begin a lawsuit as soon as is possible. Memories fade, witnesses pass away, and evidence can be lost in time and make it difficult to build a strong case for the maximum amount of compensation. It is also important to adhere to the statute of limitations in your state which can range from 1 to 6 year.