Phases of an auto accident lawyers Accident Lawsuit

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

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

Medical Records

Medical records are an essential part of any auto accident case. They will assist the judge or jury determine how the accident has affected your life, as well as the physical, emotional and financial costs of your injuries. Medical records will also tell a story that insurance companies will have a tough to dispute.

Depending on your state's laws and your doctor's policy depending on your state's laws and your doctor's policy, you could have the time to request medical records from healthcare providers. This is why it is important to contact your lawyer as soon as possible following an accident. The law guarantees access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your lawyer will be able to view your medical records. Insurance companies will often try to look for anything that could indicate that your injuries were not pre-existing or not so severe as you say.

Your lawyer will use the medical records you provide to prepare an order letter that will include evidence supporting the damages you're seeking. Your lawyer should only give the relevant medical documents to your insurance company. They might require you to give them permission to access your entire medical record. This is not in the best interest of your claim since it could expose past injuries that are not relevant to this claim.

Police Reports

Police reports are prepared each time a law enforcement officer responds to an emergency call or accident, such as car accidents. While they're not admissible in court (they are considered to be hearsay), they do provide valuable information to attorneys investigating an accident and creating a case.

A police report is an objective report of what happened in the accident, based on witness statements and the officer's observations about the vehicles' damage and weather conditions, drivers and more. It is a crucial evidence that can aid you in winning an auto accident lawsuit.

Usually, you can request a copy of your police report from the precinct which handled the investigation by calling their non-emergency phone number and supplying an incident or receipt to identify the report. The police department might also have a website where you can request copies of the records online.

After your medical expenses and property damage as well as lost wages exceed an amount that is a certain amount, you'll have to make a claim against the driver at fault. The police report is an important tool in settlement negotiations, especially when you can establish the other driver's fault in the light of observations made by the officer. Many cases end up reaching a settlement without ever going to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until a year after filing it.

Insurance Company Negotiations

Once an adjuster has all the information they need from you and the car accident investigation, they will extend a settlement offer. To generate their first offer, they will enter all the information and details into the computer program. They'll probably arrive at a figure that's much lower than what you calculated from your investigation. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to limit the amount they'll need to pay for medical bills and other damages. You can fight back when you point out the way your injuries will affect your life in future. For instance, you can draw attention to your increasing medical bills, your decreased earnings capacity and the physical and emotional suffering you're suffering.

You or your attorney will then draft a letter of demand and auto accident lawsuit present it to an insurance company. This will include all the evidence you have gathered, including statements from witnesses, photographs of your injuries and any documents supporting your losses. You should also make a list of the non-negotiables that will stop the insurance company from undervaluing your claim. When an agreement has been reached the settlement agreement written will reflect it. Negotiations are usually back and forth, but remaining patient will help you achieve a fair settlement.

Legal Advice

The next stage of the car lawsuit involving an accident is discovery, during which both sides exchange information and evidence. Parties can request medical records and police reports and witness statements. The parties can also exchange interrogatories, which are written questions that must be answered on oath within a certain time. In addition your lawyer will record the extent of your physical, emotional and psychological injuries in addition to the other damages you could be seeking to recover in the future, including current and future medical costs, property damage, and lost wages.

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

Your lawyer will then start negotiations with insurance companies in order to resolve your case with no trial. If the insurance company does not provide you with a fair settlement, or does not consider your injuries and other damages, your case will likely be heard in court.

While only a few cases get to trial, it is essential for victims to make a claim as soon as they can. Memories fade, witnesses pass away, and evidence can be lost as time passes and it becomes difficult to present a convincing argument for the most compensation. Plus, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.