Phases of an Auto Accident Lawsuit

Car accident injuries could result in significant medical bills along with property damage and lost wages. An experienced lawyer can assist you in obtaining the financial justice you deserve.

The process may differ from case-to-case, but typically, it starts with the filing of the complaint. Then comes the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential part of any auto accident lawyer accident lawsuit. They can assist jurors or judges to know the effects of the injury on your life. This includes the emotional, financial, and physical costs. Medical records will also provide an insurance company a story they will have a hard time disputing.

You may only have a specific amount of time, depending on the laws of your state and the policy of your doctor, to obtain medical records. It is recommended to consult with your lawyer as soon following an accident as it is possible. Health Information Portability and Accountability Act (HIPAA) HIPAA is a law that protects your right to access these records. However, this does not mean that only you or your lawyer are able to examine your medical records. Insurance companies are always looking for anything that could indicate your injuries might not be as severe as you think or if you have pre-existing injuries.

Your lawyer will make use of your medical records to prepare a demand letters, which will contain evidence to justify the damages you seek. It is crucial that your lawyer only provides relevant medical records to the insurance company as they may request you to sign a medical authorization that permits them to access all your medical records. This is not in your best interests since it could reveal previous injuries that aren't connected to the present claim.

Police Reports

When a police officer responds to a call for help, such as an accident, he or she prepares a police report. Even though they're not admissible in court (they are deemed to be hearsay) however, they provide invaluable information to attorneys investigating an incident and preparing the case.

A police report gives an objective account of the incident from the witness testimony of the officer and his observations of the weather conditions, the drivers, and other aspects. It's an important evidence that can help you win a lawsuit in a car auto accident.

Typically you can request a copy your police report from the precinct that was responsible for the investigation by calling their non-emergency phone number and providing a receipt or incident number to identify the report. You can also request copies of police reports on the police department's website.

You'll have to file a suit against the driver responsible once your medical bills or lost wages property damage reach a certain value. The police report can be an effective tool in settlement negotiations, particularly when you can prove that the other driver was largely at blame based on the officer's observations. Many cases end up reaching an agreement without ever going to trial. Pre-trial proceedings can take a long time and your case may not be resolved until one year after you file it.

Insurance Company Negotiations

After the adjuster has all the details they require from you as well as your car accident investigation, they will make an offer for settlement. They will enter all the facts and details into a computer program in order to create their initial offer. They'll most likely arrive at a figure that's much lower than what you calculated from your study. When insurance companies make settlement offers, they have their own financial interests in the back of their heads.

They'll want to reduce the amount they have to pay for medical bills and other damages. You can fight back by highlighting all the ways that your injuries will negatively impact your life going forward. You can, for example mention your increasing medical bills and your lost earning potential, as in the mental and physical suffering you are experiencing.

Your lawyer or you will then prepare a demand letter and then present it to the insurance company. It should include all the evidence you've collected and include statements from witnesses, photographs of your injuries and any evidence to support your losses. You will also create an outline of the things you will not negotiate to keep the insurance company from undervaluing your claim. Once an agreement is reached it will be documented in a written settlement agreement. It's normal for a back-andforth to occur during the negotiation process, but remaining calm will allow you to reach an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, in which the parties exchange information and evidence. Parties can request medical records, police reports as well as witness statements. They may also send each other interrogatories (written questions to be answered under oath by end of a specified time). Your attorney will also write down the severity of the physical emotional, psychological, and physical injuries you have suffered, and any other damages that could be sought, including future and current medical expenses or property damage, as well as lost wages.

Your lawyer will also speak with experts such as medical professionals, Auto Accident Lawsuit mechanics and engineers. These experts can assist the jury to get clear information about your accident and injuries.

Finally, your attorney will begin negotiations with insurance companies in order to try to resolve your claim without trial. If the insurance company doesn't offer you a fair settlement or doesn't take into consideration your injuries and other damages, your case is likely to be heard in court.

It is important that victims file a lawsuit as soon as possible, even if only a handful of cases are heard in court. The memories fade, witnesses disappear, and evidence could be lost in time making it more difficult to build a strong argument for the most compensation. You must also adhere to the statute of limitations for your state which can range between 1 and 6 years.