Phases of an Auto Accident Lawsuits Accident Lawsuit

Property damage, medical bills and lost wages could be substantial following an auto accident lawyers accident. An experienced attorney can help you receive the compensation you need.

The procedure is different depending on the case, however, generally it starts with filing an action. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are an important component of any auto accident lawyers accident lawsuit. They will help jurors or judges understand how the injury has affected your life, as well as the physical, emotional and financial cost of your injuries. Medical records will also provide a story that insurance companies will have a difficult to dispute.

You may only have a specific amount of time, contingent on the laws of your state and the policy of your doctor to obtain medical records. This is the reason why you should contact your lawyer as soon as you can following an accident. The law safeguards your access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer will be able to view your medical records. Insurance companies constantly look for evidence that could indicate that your injuries aren't as serious as you claim or that you have a pre-existing condition.

Your lawyer will utilize your medical records to create a demand letter which will include evidence to support the damages you are seeking. It is important to ensure that your lawyer provides relevant medical records to the insurance company since they might ask you to sign a medical authorization that allows them to access all of your medical records. This is not in your best interests since it could reveal previous injuries that are not related to the present claim.

Reports of Police

Police reports are prepared every time a law enforcement officer responds to an emergency, including car accidents. While they're not admissible in court (they are considered to be hearsay), they do provide invaluable information to attorneys conducting an investigation and preparing cases.

A police report provides an objective account of the incident from the witness' testimony and Auto accident lawsuits the officer's observations regarding the weather conditions, the drivers, and other factors. It's an important piece of evidence that could aid in winning a lawsuit in a car accident.

Usually, you can request a copy of your police report from the police station that was responsible for the investigation by calling their non-emergency line and providing the receipt or incident number to identify it. The police department may also have a website on which you can request copies of records online.

After your medical expenses as well as property damage and lost wages are at an amount that is a certain amount, you'll have to file a lawsuit against the driver at fault. The police report can be a valuable tool in settlement negotiations, especially when you can establish the other driver's fault based on observations made by the officer. Many cases are settled without going to trial. It may take some time to complete the pre-trial procedures and your case could not be resolved for a long time.

Insurance Company Negotiations

Once the adjuster has all the information he needs from you and your car accident investigation, he will make an offer of settlement. They will input all the facts and details into a computer program in order to create their initial offer. Most likely, they'll make a smaller amount than you anticipated in your research. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They will wish to limit the amount they pay in medical bills and other damages. You can fight back when you highlight the negative effects your injuries could have on you and impact your life in the coming years. For instance, you could refer to your rising medical bills, the loss of earning capacity and the emotional and physical suffering you're going through.

Your attorney or you prepare a letter of demand and then present it to an insurance company. The letter should include all of the evidence that you have gathered including witnesses' statements and photographs of your injuries. Also, you will create an inventory of non-negotiables in order to prevent the insurance company from undervaluing your claim. Once you have reached an agreement the agreement will be recorded 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 reach a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which both parties exchange information and evidence. Parties may seek medical records and police reports, as well as witness statements. The parties may also exchange interrogatories which are written inquiries which have to be answered on the oath within a specified time. In addition your lawyer will record the extent of your physical emotional and mental injuries as well as the other damages you could be seeking to recover that are incurred, such as future medical expenses, property damage and lost wages.

Your lawyer will talk to other experts, such as mechanics, medical experts and engineers. These experts will aid in painting a an accurate picture of the crash and the injuries you sustained for the jury.

Then, your lawyer will begin discussions with insurance companies to try to settle your claim without trial. If the insurance company fails to offer an acceptable settlement or doesn't take into consideration your injuries and other losses, your case is likely to go to trial.

Although few cases actually go to trial it is essential for victims to file a lawsuit as soon as is possible. With time memories fade, witnesses pass away, and evidence disappears which makes it more difficult to present a compelling case for maximum compensation. In addition, you must abide with the statute of limitations in your state, which could be anywhere from one to six years.