Phases of an Auto Accident Lawsuit

Injuries from car crashes could result in significant medical bills, property damage and lost wages. An experienced attorney can assist you in obtaining the financial justice you deserve.

The process varies from case to case, however, it generally begins with filing a complaint. This is followed by the discovery phase along with any appeals.

Medical Records

Medical records are an essential part of any auto accident attorney accident case. They can assist a judge or jury know the effects of the accident on your life. This includes the emotional, financial, and physical costs. Insurance companies will have a hard time to challenge the narrative told by medical records.

You may only have a certain period of time, based on the laws in your state and the guidelines of your physician, to request medical records. This is why you should consult with a lawyer as soon as you can following an accident. The law safeguards your access to these documents through the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer are able to access your medical records. Insurance companies are usually keen to discover anything that may suggest that your injuries were pre-existing or not so severe as you say.

Your lawyer will utilize your medical records to prepare a demand letters, which will contain evidence to support the damages you're seeking. Your lawyer should only give the relevant medical records to your insurance company. They may ask you to grant them permission to access your complete medical record. This is not in your best interests as it could reveal past injuries that aren't directly related to the present claim.

Police Reports

Every time a police official responds to a call for help, including an accident, he creates a police report. Even though they aren't admissible in court (they are deemed to be hearsay) however, they provide valuable information to attorneys when conducting an investigation and preparing an argument.

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

You can typically request a copy from the precinct responsible for the investigation. Contact their non-emergency number and provide an invoice or an incident number to prove your identity. You can also request copies of records through the website of the police department.

You'll need to file a suit against the driver who was at fault when your medical bills or lost wages damages to property reach a certain value. The police report can be an effective tool for settlement negotiations, especially when you can establish the other driver's negligence from the evidence provided by the officer. A lot of cases are settled without going to trial. The pre-trial process can be long and your case may not be resolved until one year after filing it.

Insurance Company Negotiations

After the adjuster has all of the details they require from you and your vehicle accident investigation, they will make an offer for settlement. They will enter all the information and facts into a computer program in order to make their initial offer. Most likely, Vimeo they will make a less than the amount you calculated based on your research. When insurance companies offer settlement offers, they've got their own financial interest in mind.

They will want to limit how much they pay in medical bills and other damages. You are able to fight back if you point out the way your injuries will affect your life in future. For example, you can point to your mounting medical bills, your decreased earning capacity and the emotional and physical suffering that you're currently experiencing.

Your attorney or you will create the letter of demand and then present it to an insurance company. This letter should include all of the evidence that you've gathered, including witness statements and photos of your injuries. You'll also prepare an inventory of your non-negotiables to ensure you can stop the insurance company from lowballing you. Once an agreement is reached the written settlement agreement will reflect it. It's normal for a back and forth to take place during these negotiations, but staying in the moment will help you get an equitable settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery, where both sides exchange information as well as evidence. The parties can seek medical records, police reports and witness statements. They may also send the other interrogatories (written questions that need to be answered under oath before the deadline). Additionally the attorney will also document the extent of your physical emotional and mental injuries as well as the other damages you could seek compensation for, including existing and projected future medical costs, property damage, and lost wages.

Your lawyer will consult with other experts, like medical specialists, mechanics, and engineers. These experts will help paint a an accurate picture of the crash and the extent of your injuries to the jury.

Your lawyer will then begin discussions with the insurance companies to resolve your case without trial. If the insurance company fails to provide you with a fair settlement or does not consider your injuries and other losses, your case will likely go to trial.

It is essential that victims file a lawsuit as soon as possible, even though only a few cases are heard in court. With time, memories fade, witnesses pass away and evidence is lost which makes it more difficult to make a strong claim for the highest amount of compensation. You must also follow the statute of limitations for your state that can range between 1 and 6 years.