Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages can be substantial following an accident in the car. An experienced lawyer can assist you in obtaining the financial amount you are due.

The procedure can differ from case to case but typically, it starts with the filing of an action. The discovery phase, trial, and appeals follow.

Medical Records

Medical records are an essential part of any auto accidents accident lawsuit. They will assist a judge or jury determine the impact of the accident on your life. This includes the financial, emotional, and physical costs. Medical records will also provide the story that insurance companies will have a hard time disputing.

You might only have a limited period of time, based on the laws in your state and the guidelines of your physician, to obtain medical records. Consult with your lawyer as soon after an accident as possible. The law safeguards your access to these records through the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones who can examine your medical records. Insurance companies are generally keen to look for anything that could indicate that your injuries were not pre-existing or not as severe as you think.

Your lawyer will use the medical information that you supply to write an order letter that will include evidence to support the damages you want. It is important that your lawyer only send relevant medical records to the insurance company, since they might ask you to sign an authorization that permits them to access all of your medical records. This is not the best option for your claim because it could reveal previous injuries that are not connected to the claim.

Reports of the Police

Police reports are prepared each time a police officer responds to an emergency call and also car accidents. Even though they aren't admissible in court (they are considered to be hearsay), they do provide valuable information to attorneys investigating an incident and preparing an argument.

A police report is an objective report of what happened in the crash, based upon witness testimony and observations by the officer regarding the damage to the vehicles the weather, the drivers, and so on. It's a vital piece of evidence which can assist you in winning a lawsuit for car accidents.

You can usually request a copy from the precinct responsible for the investigation. Call their non-emergency line and provide an invoice or an incident number as proof of identification. You can also request copies of police reports through the department's website.

You'll need to file a suit against the driver at fault when your medical bills along with lost wages and property damage have reached the amount of. The police report can prove to be a helpful tool in settlement negotiations, especially in cases where you can show that the other driver was largely at fault, based on an officer's observations. Many cases are settled without going to trial. It can take time to complete the pre-trial process and your case may not be resolved for a year or more.

Insurance Company Negotiations

After the adjuster has all the information they require from you as well as your car accident investigation, he will make an offer for settlement. They will enter all the facts and details into a program that will make their initial offer. They'll probably produce a number which is lower than what you calculated from your study. When insurance companies offer settlement offers, they've got their own financial interest in their minds.

They'll want to reduce the amount they'll need to pay for your medical expenses and other damage. You can fight back by pointing out the ways in which your injuries will affect your life going forward. For instance, you can highlight your growing medical bills, your lost earnings capacity and the physical and emotional suffering you're suffering.

Your lawyer or you will prepare a demand form and then present it to the insurer. This will include all the evidence you've collected and include statements from witnesses, photographs of your injuries, as well as documents that support your losses. Also, you will create a list of the non-negotiables that will stop the insurance company from undervaluing your claim. Once an agreement is reached, it will be reflected in a written settlement agreement. It's common for a back-and-forth to take place during these negotiations, but being patient will help you achieve an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which both parties exchange information and auto accident Lawsuit evidence. Parties can request medical records and police reports, and witness statements. They may also send another interrogatories (written questions that need to be answered under oath by the end of the specified time). Additionally your attorney will provide documentation of the extent of your physical, emotional and psychological injuries as well as the other damages you could seek to compensate for, including existing and projected future medical expenses, property damage and lost wages.

Your lawyer will speak with other experts like mechanics, medical experts and engineers. These experts can help the jury to get an accurate picture of your accident and injuries.

Your lawyer will then start discussions with insurance companies to settle your case without trial. If the insurance company is willing to offer you a small settlement or does not take your injuries and other damages into consideration, your case will likely progress to trial.

It is crucial that victims file a suit as soon as they can, even though few cases are heard in court. With time, memories fade, witnesses die, and evidence disappears, making it more difficult to establish a solid claim for the highest amount of compensation. You must also adhere to the statute of limitations in your state which can vary from 1 to 6 years.