Phases of an Auto Accident Lawsuit

Car crash injuries could result in significant medical bills, property damage, and even lost wages. An experienced attorney can assist you in obtaining the justice you deserve.

The process is different from case to case, however, it generally begins with filing an action. Then follows the discovery phase, trial and any appeals.

Medical Records

Medical records are a vital component of any ontario auto accident attorney crash case. They will help the jury or judge comprehend the impact of the accident on your life. This includes the financial, emotional physical and emotional costs. Insurance companies will have a hard time to dispute the story told by medical records.

According to the laws of your state and your doctor's policy depending on your state's laws and your doctor's policy, you could have a limited amount of time to request medical documents from healthcare providers. Consult with your lawyer as soon following an accident as you can. Health Information Portability and Accountability Act or HIPAA guarantees your right to access these documents. However, this doesn't mean that only you or your attorney can view your medical records. Insurance companies are usually keen to find anything that might suggest that your injuries were pre-existing or not as severe as you claim.

Your lawyer will use the medical information you provide to create the letter of demand, which will include evidence supporting the damages you seek. Your lawyer should only provide the relevant medical documents to your insurance company. They might request you to allow them to access your entire medical record. This is not in the best interest of your claim, as it could reveal past injuries not related to this claim.

Police Reports

Every time a police official responds to a request for help, such as an accident, he or she prepares a police report. Although they cannot be admitted in the courts of law (they are deemed to be hearsay), they provide valuable information to attorneys in the process of investigating and preparing their cases.

A police report is an objective assessment of what happened during the accident, based on witness statements and the officer's observations regarding the damage to the vehicles the weather, the drivers and more. It's a crucial piece of evidence that could assist you in winning your car accident lawsuit against the defendant.

Typically, you can request a copy of your police report from the precinct that handled the investigation by calling their non-emergency number and providing the receipt or incident number to identify it. The police department may also have a website on which you can request copies online.

After your medical bills as well as property damage and lost wages exceed the amount of a certain amount, then you'll need to start a lawsuit against the driver who is at fault. The police report can be an important tool in settlement negotiations, particularly when you can establish the other driver's guilt based on observations made by the officer. But, many cases settle an agreement without ever going to trial. It could take a long time to complete the steps before trial and your case could not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the data they require from you as well as the investigation of the car accident is complete, they will offer a settlement offer. To make their first offer, they'll input all the information and details into an online program. Most likely, they'll come up with a much smaller amount than you anticipated from your study. When insurance companies make settlement offers, they have their own financial interests in their minds.

They'll want to reduce the amount they'll need pay for medical expenses and other damages. You can counter by pointing out the many ways that your injuries will impact your life going forward. For instance, you could point to your mounting medical bills, your diminished earning potential, and the emotional and physical pain you're experiencing.

Your attorney or you create an official demand letter and submit it to an insurer. This letter should include all of the evidence that you've collected, including witnesses' statements and photographs of your injuries. You should also create the list of your non-negotiables to ensure you can prevent the insurance company from undercutting you. If an agreement is reached and ratified, it will be included in the form of a written settlement agreement. It's common for a back-and-forth to take place during the negotiation process, but remaining in the moment will help you get an acceptable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which the parties exchange information and evidence. The parties may request medical records, Auto Accident Lawsuit police reports and witness statements. The parties will also exchange interrogatories, which are written questions which must be answered under an oath within certain times. In addition your attorney will provide documentation of the extent of your physical, emotional and psychological injuries and any other damages you may seek to compensate for in the future, including current and future medical expenses, property damage and lost wages.

Your lawyer will also talk with experts such as medical professionals mechanics, engineers, and mechanics. These experts will help paint a a vivid picture of the crash and your injuries for the jury.

Your attorney will then begin discussions with insurance companies to settle your case without trial. If the insurance company fails to offer you a fair settlement or does not take into account your injuries and other damages, your case will likely be heard in court.

Although few cases actually go to trial it is vital for the victims to file a lawsuit as soon as is possible. With time, memories fade, witnesses die, and evidence disappears which makes it more difficult to present a compelling case for maximum compensation. You must also comply with the statute of limitations for your state, which can vary between 1 and 6 years.