Phases of an Auto Accident Lawsuit

Damage to property, medical bills and Auto Accident Lawsuit lost wages can be significant after an auto accident. An experienced attorney can help you receive the compensation that you need.

The procedure varies depending on the case, however, generally it starts with filing a complaint. This is followed by the discovery phase, trial and any appeals.

Medical Records

Medical records are an essential element in any auto accident lawsuit. They will assist the judge or jury to understand how the injury has impacted your life, including the emotional, physical and financial cost of your injuries. Medical records will also tell a story that insurance companies will have a hard to argue.

Based on the laws of your state and the policy of your doctor In some states, you'll have only a short amount of time to request medical records from healthcare providers. You should consult your lawyer as soon after an accident as is possible. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these medical records. However, this doesn't mean that you or your lawyer are the only ones who can view your medical records. Insurance companies will often try to uncover anything that could suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will use the medical information you provide to draft a letter of demand auto accident lawsuit that will include evidence in support of the damages you seek. Your lawyer must only provide the relevant medical records to your insurance company. They may require you to give them permission to access your entire medical record. This is not in your best interests because it could reveal prior injuries that aren't directly related to the current claim.

Reports of the Police

Police reports are prepared every time a law enforcement officer responds to an emergency call, including car accidents. While they cannot be used in the courts of law (they are deemed to be hearsay) they can provide valuable information for attorneys who are conducting investigations and preparing cases.

A police report is an objective account of what happened during the crash, based on witness testimony and observations by the officer about the vehicle's damage the weather, the drivers, and so on. It is a crucial evidence that can help you win an auto accident attorney accident lawsuit.

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

After your medical expenses, property damage and lost wages exceed a certain amount, you'll have to start a lawsuit against the driver at fault. The police report can be a valuable tool in settlement negotiations, especially if you can prove that the other driver was at fault based on the police officer's observations. A lot of cases are settled without having to go to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until one year after you file it.

Insurance Company Negotiations

Once the adjuster has all of the information they need from you and your vehicle accident investigation, they will make an offer to settle. They will put all the facts and details into a computer program in order to make their initial offer. Most likely, they will make a smaller amount than you anticipated based on your research. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They will wish to limit the amount they pay in medical bills and other damages. You can counter by highlighting the ways in which your injuries will affect your life in the coming years. For example, you can draw attention to your increasing medical bills, your decreased earning capacity and the physical and emotional suffering you're suffering.

Your attorney or you will then prepare an order letter and then present it to an insurer. It should include all the evidence you have gathered such as statements from witnesses, photographs of your injuries, and any documents that support your losses. Also, you'll make a list of your non-negotiables to ensure you can deter the insurance company from negotiating with you. Once an agreement is reached and the written settlement contract will reflect it. It's not uncommon for back-and-forth to occur during the negotiation process, but remaining patient will help you achieve an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which the parties exchange information and evidence. Parties may request medical records, police reports, and witness statements. The parties will also exchange interrogatories which are written inquiries which must be answered under oath within a certain time. Additionally your attorney will provide documentation of the extent of your physical, emotional and psychological injuries and any other damages you could be seeking to recover, including existing and projected future medical expenses, property damage and lost wages.

Your lawyer will talk to other experts, like mechanics, medical professionals, and engineers. These experts can help the jury get a clear picture of your injuries and accident.

Then, your lawyer will begin negotiations with insurance companies in order to attempt to resolve your claim without trial. However, if the insurance company offers a low settlement or fails to take your injuries and other damages into account the case could progress to trial.

It is vital that victims file a lawsuit promptly, even though only a few cases will ever make it to the courtroom. Memories fade, witnesses can disappear and evidence may be lost as time passes making it more difficult to present a convincing case for the maximum amount of compensation. You must also comply with the statute of limitations for your state, which can vary from 1 to 6 years.