Phases of an Albany auto accident law firm Accident Lawsuit

Property damage, medical bills, and lost wages can be substantial after an accident. An experienced attorney can assist you in getting the amount of compensation you deserve.

The process varies from case-to-case, Albany Auto Accident Law Firm but generally, it begins with filing a complaint. The discovery phase, trial, and appeals follow.

Medical Records

Medical records are an important element in any fort wayne auto accident lawsuit accident lawsuit. They will help a jury or judge understand how the injury has affected your life, as well as the physical, emotional and financial cost of your injuries. Insurance companies will find it difficult to argue with the information provided by medical records.

You might only have a limited amount of time, based on the laws of your state and the policies of your doctor to obtain medical records. It is recommended to consult with your lawyer as soon after an accident as you can. Health Information Portability and Accountability Act or HIPAA, protects your right to access these records. However, this does not mean that you or your lawyer are the only ones who can look over your medical records. Insurance companies are always looking for evidence that could suggest your injuries may not be as severe as you claim or if you have pre-existing injuries.

Your lawyer will utilize your medical records to prepare a demand letters, that will include evidence to justify the damages you are seeking. It is imperative that your lawyer only send relevant medical documents to the insurance company, since they might ask you to sign an authorization that permits them to access all your medical records. This is not in your best interest as it could reveal past injuries that aren't related to the current claim.

Reports of the Police

Police reports are generated each time a police officer responds to an emergency call for example, car accidents. Although they are not admissible in the courts of law (they are deemed to be hearsay) they are valuable information to attorneys when they are investigating and preparing cases.

A police report provides an impartial account of the accident which is based on the witnesses' testimony as well as the officer's observations of the weather conditions, the drivers, and other aspects. It's an important piece of evidence that can help you win a lawsuit for car accidents.

Typically, you can request a copy your police report from the precinct that handled the investigation by calling their non-emergency number and supplying a receipt or incident number to identify it. You can request copies of the report through the police department's website.

When your medical bills as well as property damage and lost wages exceed the amount of a certain amount, then you will need to make a claim against the driver at fault. The police report can be an important tool in settlement negotiations, especially if you can prove the other driver's fault through the observations of the officer. Many cases end up reaching an agreement without going to trial. It can take a while to complete the pre-trial process and your case may not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the information they require from you as well as the investigation into the car accident and investigation, they will make an offer for settlement. To generate their first offer, they'll enter all the information and details into an application on computers. They'll most likely come up with a number which is significantly lower than the number you calculated based on your study. It's important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.

They will seek to limit the amount they pay in medical bills and other damages. You can fight back by highlighting all the ways that your injuries could affect your life in the future. You could, for instance you can highlight the mounting medical bills, your diminished earning potential, as well being aware of the physical and mental pain you're experiencing.

Your lawyer or you will then draft a demand letter and send it to the insurance company. This will include all the evidence you've collected such as witness statements, photographs of your injuries, and any documentation supporting your losses. Also, you will create a list of non-negotiables to keep the insurance company from undervaluing your claim. When an agreement has been reached the written settlement agreement will reflect it. Negotiations often involve back and forth process, but staying patient will help you achieve a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which the parties exchange information and evidence. Parties can request medical records, police reports and witness statements. They will also provide the other interrogatories (written questions to be answered under oath by deadline). Additionally the attorney will also document the extent of your physical, emotional and psychological injuries and the additional damages you could be seeking to recover in the future, including current and future medical expenses, property damage and lost wages.

Your lawyer will also talk with experts, such as medical experts, mechanics and engineers. These experts will aid in painting a a vivid picture of the crash and the extent of your injuries to the jury.

Your attorney will then begin discussions with the insurance companies to resolve your case with no trial. If the insurance company doesn't provide you with an acceptable settlement or does not take into account your injuries or other damages, your case is likely to be heard in court.

It is important that victims file a suit as soon as they can, even though only a few cases will ever make it to the courtroom. Memory fades, witnesses die and evidence can disappear as time passes, making it harder to establish a compelling argument for the most compensation. In addition, you must abide with the statute of limitations in your state, which can be anywhere from one to six years.