Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages could be significant after an auto accident. An experienced attorney can help you receive the compensation that you require.

The process may differ depending on the case, but generally it begins with the filing of an action. Then follows the discovery phase along with any appeals.

Medical Records

Medical records are an important part of any Auto Accident law Firm accident lawsuit. They will aid the judge or jury comprehend how the accident affected your life, as well as the emotional, physical and financial cost of your injuries. Medical records will also reveal an insurance company a story they will have a hard to dispute.

You may only have a specific amount of time, contingent on the laws in your state and the policies of your doctor to request medical records. This is the reason you should consult with a lawyer immediately following an accident. The law provides access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that you or your lawyer are the only ones able to access your medical records. Insurance companies are always looking for anything that could indicate your injuries may not be as severe as you claim or if you have pre-existing injuries.

Your lawyer will make use of the medical records you provide to create the letter of demand that will include evidence to support the damages you are seeking. Your lawyer should only supply the relevant medical records to your insurance company. They may ask you to authorize them to access your entire medical record. This is not in the best interest of your claim as it may reveal past injuries not related to this claim.

Police Reports

Police reports are created each time a law enforcement officer responds to an emergency and also car accidents. Although they are not admissible in the courts of law (they are deemed to be hearsay) they are valuable information for attorneys who are investigating and preparing cases.

A police report is an objective report of what transpired in the crash, based upon witness statements and the officer's observations regarding the damage to the vehicles the weather, the drivers, Auto Accident Law Firm and so on. It's a vital piece of evidence which can help you win a lawsuit in a car accident.

You can typically request a copy of the records from the precinct that was responsible for the investigation. Call their emergency line and provide a receipt or an incident number as identification. The police department may also have a website on which you can request copies of the records online.

After your medical expenses as well as property damage and lost wages reach an amount that is a certain amount, you'll have to start a lawsuit against the driver who is at fault. The police report can be an effective tool in settlement negotiations, especially if you can prove that the other driver was largely at fault based on the police officer's observations. A lot of cases are settled without having to go 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

Once the adjuster has all of the information he needs from you and your car accident investigation, they'll make an offer of settlement. To generate their first offer, they will enter all the information and details into a computer program. They'll likely be able to come up with a figure which is significantly lower than the number you calculated from your investigation. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to reduce the amount they'll need to pay for medical expenses and other damages. You can fight back by pointing out all the ways that your injuries will negatively impact your life in the near future. You can, for example you can highlight the mounting medical bills, your diminished earning potential, as in the mental and physical suffering you're experiencing.

Your attorney or you prepare a letter of demand and submit it to an insurer. This letter will include all of the evidence that you have gathered including witnesses' statements and photographs of your injuries. You'll also prepare the list of your non-negotiables so you can prevent the insurance company from lowballing you. Once you have reached an agreement it will be documented in an agreement for settlement in writing. Negotiations often involve back and forth affair, but being patient can help you achieve an equitable settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery. During this process, both sides exchange information and evidence. The parties may request medical documents, police reports or witness statements. The parties can also exchange interrogatories which are written inquiries which must be answered under oath within a certain time. Additionally the attorney will also document the extent of your physical emotional and mental injuries in addition to the other damages that you could seek to compensate for that are incurred, such as future medical expenses, property damage and lost wages.

Your lawyer will also confer with experts like medical specialists, mechanics and engineers. These experts can help the jury to get clear information about your accident and injuries.

Finally, your attorney will begin negotiations with insurance companies to try to settle your claim without trial. If the insurance company does not provide you with an acceptable settlement or doesn't take into consideration your injuries and other damages, your case is likely to be heard in court.

Although a small percentage of cases make it to trial, it is vital for the victims to start a lawsuit as quickly as is possible. Memories fade, witnesses can disappear, and evidence could be lost in time and make it difficult to establish a compelling case for maximum compensation. In addition, you must abide with the statute of limitations in your state, which could be anywhere from one to six years.