Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in significant medical bills along with property damage and lost wages. An experienced attorney can assist you in getting the amount you are due.

The procedure varies from case to case but generally starts by filing an action. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are a vital component of any auto accident attorney crash case. They can assist a judge or jury understand the impact of the injury on your life. This includes the emotional, financial physical and emotional costs. Insurance companies will have a hard time to argue with the information provided by medical records.

You may only have a specific amount of time, depending on the laws in your state and the policy of your doctor, to obtain medical records. You should speak with your lawyer as soon following an accident as you can. Health Information Portability and Accountability Act (HIPAA) HIPAA, protects your right to access these records. However, this does not mean that only you or your lawyer will be able to access your medical records. Insurance companies are usually keen 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 your medical records in order to prepare a demand letter which will contain evidence to support the damages you're seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They may ask you to grant them permission to access your entire medical record. This is not in your best interest since it could reveal previous injuries that aren't related to the current claim.

Police Reports

Police reports are produced each time a police officer responds to an emergency call and also car accidents. Although they cannot be admitted in a court of law (they are considered to be hearsay), they provide valuable information for attorneys who are conducting investigations and preparing cases.

A police report provides an objective account of what happened in the crash, based upon witness statements and the officer's observations regarding the damage to the vehicle, weather conditions, drivers, and so on. It's an important evidence that can assist you in winning an auto accident lawsuit.

Typically you can request a copy your police report from the local police department that was responsible for the investigation by calling their non-emergency phone number and supplying an invoice or incident number to identify the report. The police department might have a website where you can request copies of records online.

You'll need to file a lawsuit against the driver who was at fault once your medical bills or lost wages property damage reach the amount of. The police report can be an effective tool in settlement negotiations, especially when you can prove that the other driver was at blame based on the officer's observations. Many cases are settled without going to trial. It can take time to work through the steps before trial and your lawsuit might not be resolved for auto accident lawsuit a long time.

Insurance Company Negotiations

When the adjuster has all of the information they require from you and your car accident investigation, they'll make an offer of settlement. To make their first offer, they'll enter all the details and facts into an online program. They'll probably arrive at a figure that's much lower than what you calculated based on your study. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll want to limit the amount they have to pay for your medical bills and other damages. You can fight back if you mention how your injuries will impact your life in the future. You could, for instance highlight your growing medical bills and lost earnings potential, as well as the mental and physical pain you're experiencing.

You or your attorney will then prepare a letter of demand and submit it to an insurance company. This should include all the evidence you have gathered including witness statements, photos of your injuries as well as any documentation supporting your losses. You'll also make the list of your non-negotiables, so you can stop the insurance company from under-pricing you. Once an agreement is reached the settlement agreement written will reflect it. It's normal for a back and forth to occur during these negotiations, but being patient will help you reach a fair settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery, in which the parties exchange information and evidence. Parties can seek medical records and police reports, and witness statements. They may also send each other interrogatories (written questions that must be answered under oath by expiration of a specific time). In addition, your attorney will document the extent of your physical emotional and psychological injuries and any other damages you could seek compensation for in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will also confer with experts such as medical professionals, mechanics and engineers. These experts can assist the jury to get a clear picture of your injuries and the accident.

Your lawyer will then start negotiations with insurance companies to settle your case without a trial. However, if the insurance company offers an unsatisfactory settlement or fails to take your injuries and other damages into consideration the case will go to trial.

While only a few cases go to trial it is essential for victims to file a lawsuit as soon as they can. Over time memories fade, witnesses pass away and evidence is lost and it becomes more difficult to establish a solid claim for the most compensation. It is also important to adhere to the statute of limitations for your state that can range between 1 and 6 years.