Phases of an Auto Accident Lawsuit

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

The process can vary from case to case, but generally it starts with the filing of a complaint. Then follows the discovery phase, trial and any appeals.

Medical Records

Medical records are an important part of any auto accident lawyers accident lawsuit. They will assist jurors or judges to know the effects of the accident on your life. This includes the emotional, financial, and physical costs. Insurance companies will be unable to argue with the information provided by medical records.

You might only have a particular amount of time, based on the laws in your state and the guidelines of your physician, to request medical records. It is recommended to consult with your lawyer as soon following an accident as you can. Health Information Portability and Accountability Act, or HIPAA is a law that protects your right to access these documents. This doesn't mean you or your lawyer are the only ones who can look over your medical records. Insurance companies are always looking for any sign that suggests that your injuries aren't as severe as you think or that you have a pre-existing condition.

Your lawyer will make use of your medical records to create a demand letter which will contain evidence to support the damages you seek. It is essential to ensure that your lawyer provides relevant medical documents to the insurance company, because they could ask you to sign a medical authorization that allows them to access all your medical records. This is not the best option for your claim, as it could expose past injuries that are not relevant to this claim.

Police Reports

Police reports are created each time a law enforcement officer responds to an emergency call for example, car accidents. Although they cannot be admitted in a court of law (they are considered to be hearsay) they are valuable information for attorneys when investigating and preparing cases.

A police report is an objective account of the incident that is based on the witness' testimony and the officer's observations regarding the weather conditions, the drivers, and other factors. It's a vital piece of evidence which can assist you in winning an auto accident law firm accident lawsuit.

You can usually request a copy of the records from the precinct who handled the investigation. Contact their non-emergency number and provide a receipt or an incident number to prove your identity. The police department may also have a website on which you can request copies of your records online.

After your medical bills or property damage, as well as lost wages reach an amount you can afford, you'll need to make a claim against the driver who is at fault. The police report can be an important tool in settlement negotiations, auto accident lawsuit particularly when you can establish the other driver's negligence from the evidence provided by the officer. Many cases are settled without going to trial. Pre-trial proceedings can take a long time and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

Once an adjuster has all the information they require from you, and the car accident investigation, they will extend an offer of settlement. They will put all the information and facts into a program that will generate their initial offer. They will most likely come up with a number that is much lower than the one you calculated from your investigation. When insurance companies make settlement offers, they've got their own financial interest in mind.

They'll be looking to reduce the amount they will have to pay for medical bills and other damages. You can fight back if point out 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, your decreased earning capacity and the physical and emotional suffering that you're currently experiencing.

Your lawyer or you create a demand letter and present it to the insurer. The letter should contain all the evidence you've gathered, including witness statements and photos of your injuries. Additionally, you should create an outline of the things you will not negotiate to stop the insurance company from undervaluing your claim. If an agreement is reached the agreement will be recorded in a written settlement agreement. It's common for a back-and-forth to occur during the negotiation process, but remaining calm will allow you to reach an equitable settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery, in which both sides exchange information as well as evidence. The parties can request medical records, police reports and witness statements. The parties may also trade interrogatories which are written questions which must be answered under an oath within certain times. Additionally, your attorney will document the extent of your physical, emotional and psychological injuries as well as the other damages you may seek compensation for in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will consult with other experts like mechanics, medical professionals, and engineers. These experts can help the jury to get clear information about your injuries and accident.

Finally, your attorney will begin discussions with insurance companies to attempt to settle your claim without trial. If the insurance company offers a low settlement or does not take your injuries and other damages into consideration your case is likely to progress to trial.

It is important that victims file a lawsuit immediately even though very few cases are heard in court. Memories fade, witnesses can disappear and evidence may be lost as time passes making it more difficult to build a strong argument for the most compensation. Furthermore, you have to comply with the statute of limitations in your state, which can range from 1 to 6 years.