Phases of an missoula auto accident lawsuit Accident Lawsuit

Property damage, medical bills, and lost wages can be significant after an accident in the car. A knowledgeable attorney can help you receive the compensation that you require.

The process can vary from case-to-case, but typically, it starts with the filing of the complaint. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an important element in any auto accident lawsuit. They can help a jury or judge understand how the injury has had an impact on your life, including the physical, emotional and financial burdens of your injuries. Medical records can also tell an insurance company a story they will have a difficult time disputing.

You might only have a limited amount of time, contingent on the laws of your state and the policies of your doctor to request medical records. You should consult your lawyer as soon after an accident as possible. The law guarantees access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your lawyer can view your medical records. Insurance companies are always looking for any sign that could indicate your injuries might not be as severe as you think or have a pre-existing condition.

Your lawyer will utilize your medical records to draft a demand letter, which will contain evidence to support the damages you're seeking. Your lawyer should only give 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 because it could reveal previous injuries that are not connected to the claim.

Police Reports

When a police officer responds to a call for help, auto accident lawsuit including an accident, he prepares a police report. Although they aren't admissible in the courts of law (they are considered to be hearsay) they can provide valuable information to attorneys in the process of investigating and preparing cases.

A police report gives an independent account of the crash from the witness' testimony and the officer's observations regarding the weather conditions, the drivers, and a variety of other factors. It is a crucial piece of evidence which can aid in winning a car accident lawsuit.

Usually you can request a copy of your police report from the police station that handled the investigation by calling their non-emergency phone number and supplying an invoice or incident number to identify it. You can also request copies of records through the police department's website.

If your medical bills as well as property damage and lost wages are at an amount that is a certain amount, you'll need to make a claim against the driver at fault. The police report can prove to be a helpful tool in settlement negotiations, especially when you can prove that the other driver was at fault, based on an officer's observations. Many cases are settled without having to go to trial. It could take a long time to work through the steps before trial and your case could not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the details they need from you and the investigation into the car accident, they will extend a settlement offer. They will input all the facts and details into a software program to generate their initial offer. Most likely, they will produce a significantly smaller amount than you anticipated based on your study. When insurance companies offer settlement offers, they've got their own financial interest in their minds.

They'll wish to limit the amount they have to pay in medical bills and other damages. You can fight back if explain the way your injuries will impact your life in the future. For instance, you can, point out your mounting medical bills and the loss of earning potential, as as the mental and physical pain you're experiencing.

Your lawyer or you then prepare a demand letter and then present it to the insurance company. The letter should include all the evidence you've collected, including witnesses' statements and photographs of your injuries. Additionally, you should create a list of the non-negotiables that will prevent the insurance company from undervaluing your claim. Once an agreement has been reached, the written settlement agreement will reflect it. Negotiations can be a back and forth, however remaining patient will assist you in negotiating an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which the parties exchange information and evidence. The parties can request medical records, police reports and witness statements. They can also send the other interrogatories (written questions that have to be answered under oath by the deadline). Additionally your attorney will provide documentation of the extent of your physical, emotional and psychological injuries as well as the other damages you may be seeking to recover such as current and anticipated future medical expenses, property damage and lost wages.

Your lawyer will also speak with experts such as medical professionals mechanics, engineers, and mechanics. These experts will help paint a an accurate image of the accident and your injuries for the jury.

Your lawyer will then start discussions with the insurance companies to settle your case without a trial. If the insurance company offers a low settlement or does not take your injuries and other damages into account your case is likely to proceed to trial.

It is vital that victims file a suit as soon as they can, even though only a few cases will ever make it to court. Memory fades, witnesses disappear, and evidence could be lost as time passes and it becomes difficult to build a strong case for the maximum amount of compensation. In addition, you must abide with the statute of limitations in your state, which could vary from 1 to 6 years.