Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages can be significant after a car accident. An experienced lawyer can assist you in getting the amount you are due.

The process is different from case-to-case, however, generally it starts with filing an action. Then comes the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential element in any auto accident lawsuit. They can help the judge or jury to understand how the injury has affected your life, including the physical, emotional and financial consequences of your injuries. Insurance companies will have a hard time to refute the story portrayed by medical records.

In accordance with the laws of your state and the policies of your doctor You may be granted a limited amount of time to request medical records from your healthcare provider. 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. However, this doesn't mean that only you or your lawyer will be able to access your medical records. Insurance companies are always looking for anything that could suggest your injuries might not be the severity you claim or pre-existing.

Your lawyer will utilize your medical records to prepare a demand letter that will include evidence to support the damages you're seeking. It is crucial to ensure that your lawyer provides relevant medical records to the insurance company, as they may ask you to sign an authorization that permits them to access all your medical records. This is not beneficial to your claim because it could reveal injuries from the past that are not related to the claim.

Police Reports

Each time a police officer responds to a request for assistance, or an accident, he or she makes a police report. Although they are not admissible in a court of law (they are considered to be hearsay), they provide valuable information to attorneys when they are researching and preparing cases.

A police report is an independent account of the crash which is based on the witnesses' testimony as well as the officer's observations of the weather conditions, the drivers, and other aspects. It is a significant evidence piece that can aid you in winning your car accident lawsuit against the defendant.

Typically you can request a copy your police report from the police station that handled the investigation by calling their non-emergency line and supplying an incident or receipt to identify it. You can also request copies of records on the police department's website.

You'll have to file a suit against the driver who was at fault when your medical bills as well as lost wages and damages to property reach a certain value. The police report can be an essential tool in settlement negotiations, especially when you can prove the other driver's negligence in the light of observations made by the officer. Many cases are settled without having to go to trial. Pre-trial proceedings can take a long time and your case may not be resolved until a year after filing it.

Insurance Company Negotiations

After the adjuster has all the information they require from you as well as your car accident investigation, he will make an offer of settlement. To make their first offer, they'll input all the details and facts into the computer program. Most likely, they will arrive at a lower number than you calculated based on your research. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll want to limit the amount they'll have to pay for your medical expenses and other damages. You can fight back if you point out how your injuries will negatively impact your life in the future. You can, auto accident lawsuit for example highlight your growing medical bills and the loss of earnings potential, as well being aware of the physical and mental suffering you're experiencing.

Your attorney or you prepare an order letter and submit it to an insurer. This letter will include all the evidence you've gathered, including witness statements and photos of your injuries. Also, you'll make an inventory of your non-negotiables to ensure you can deter the insurance company from lowballing you. When an agreement is reached, it will be reflected in an agreement for settlement in writing. Negotiations are usually back and forth affair, but perseverance will ensure a fair settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery. During this process, both parties exchange information and evidence. Parties may request medical records and police reports, as well as witness statements. They will also send any additional interrogatories (written questions that must be answered under oath by end of a specified time). In addition your lawyer will record the extent of your physical emotional and mental injuries and the additional damages you could seek to compensate for, including existing and projected future medical costs, property damage, and lost wages.

Your lawyer will confer with other experts, like medical specialists, mechanics, and engineers. These experts can assist the jury to get clear information about your injuries and Auto Accident Lawsuit accident.

Your lawyer will then begin negotiations with insurance companies in order to resolve your case without trial. If the insurance company fails to provide you with an acceptable settlement or does not consider your injuries and other damages your case will likely be heard in court.

It is important that victims file a lawsuit as soon as possible, even though few cases get to court. Memories fade, witnesses disappear, and evidence could be lost over time making it more difficult to present a convincing argument for the most compensation. You must also comply with your state's statute of limitations which can vary from 1 to 6 years.