Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages can be substantial following a car accident. A knowledgeable attorney can help you receive the compensation that you need.

The procedure can differ depending on the case, but usually begins with the filing of an action. This is followed by the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an essential element of any auto accident lawsuit. They will assist jurors or judges determine how the accident has affected your life, including the emotional, physical and financial cost of your injuries. Medical records can also tell the story that insurance companies will have a tough to dispute.

You might only have a particular amount of time, contingent on the laws of your state and the policies of your doctor to obtain medical records. You should speak with your lawyer as soon following an accident as is possible. The law guarantees access to these documents through the Health Information Portability and Accountability Act (HIPAA). This doesn't mean you or your lawyer are the only ones who can access your medical records. Insurance companies are generally keen to find anything that might suggest your injuries were pre-existing or not as severe as you claim.

Your lawyer will use the medical records you provide to prepare an order letter that will include evidence to support the damages you want. Your lawyer should only supply the relevant medical records to your insurance company. They may ask you to grant them permission to access your complete medical record. This is not beneficial to your claim, as it could reveal past injuries not related to the claim.

Reports of Police

Each time a police officer responds to a request for help, such as an accident, he or she produces a report. Even though they aren't admissible in court (they are considered to be hearsay) however, they provide important information to attorneys when conducting an investigation and preparing the case.

A police report provides an objective account of what happened during the accident, based on witnesses' testimony and observations by the officer about the vehicles' damage, weather conditions, drivers, and so on. It is an important piece of evidence that could aid you in winning your lawsuit for car accidents against the defendant.

Typically you can request a copy of your police report from the police station that handled the investigation by calling their emergency number and supplying an incident or receipt to identify the report. The police department may also have a website where you can request copies online.

You'll have to file a lawsuit against the driver who was at fault after your medical expenses as well as lost wages and property damage exceed an amount. The police report is an effective tool for settlement negotiations, especially if you can prove the other driver's responsibility through the observations of the officer. Many cases end up reaching a settlement without ever going to trial. It could take a long time to complete the pre-trial procedures and your case may not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the information they require from you as well as the investigation of the car accident, they will extend a settlement offer. To create their initial offer, they will enter all the information and details into the computer program. Most likely, they'll make a lower number than you calculated from your study. It's important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll want to limit the amount they'll have to pay for medical expenses and other damages. You can fight back when you highlight the way your injuries will impact your life in the future. For Auto Accident Lawsuit example, auto accident lawsuit you can draw attention to your increasing medical bills, your lost earning potential, and the emotional and physical pain you're suffering.

You or your lawyer will prepare a demand form and then present it to the insurance company. This letter will include all of the evidence that you have gathered including witness statements and photos of your injuries. You should also make an inventory of non-negotiables in order to keep the insurance company from undervaluing your claim. Once an agreement has been reached, the written settlement agreement will reflect it. It's common for a back-and-forth to occur during the negotiation process, but remaining patient will help you reach a fair settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery, during which both parties exchange information and evidence. The parties can request medical records, police reports and witness statements. The parties will also exchange interrogatories which are written inquiries that have to be answered under the oath within a specified time. Your lawyer will also record the severity of physical psychological, emotional, and physical injuries you have suffered, in addition to any other damages which could be sought, including the current and anticipated medical expenses as well as property damage and lost wages.

Your lawyer will also talk with experts, such as medical experts mechanics, engineers and mechanics. These experts can help the jury to get an accurate picture of your injuries and the auto accident lawsuit.

Your lawyer will then begin negotiations with the insurance companies in order to resolve your case with no trial. If the insurance company provides you with a small settlement or does not take your injuries and other damages into account, your case will likely proceed to trial.

Although few cases actually get to trial, it is essential for victims to file a lawsuit as soon as possible. Memories fade, witnesses can disappear and evidence may be lost in time, making it harder to make a strong case for maximum compensation. Furthermore, you have to comply with the statute of limitations in your state, which could range from 1 to 6 years.