Phases of an Auto Accident Lawsuit

Car crash injuries could result in significant medical bills, property damage and lost wages. An experienced lawyer can help you in receiving the compensation you deserve.

The process varies from case-to-case, however, it generally begins with filing an action. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are an essential part of any auto accident law firm accident lawsuit. They will assist the jury or judge comprehend the impact of the injury on your life. This includes the emotional, financial, and physical costs. Insurance companies will have a hard time to argue with the information provided by medical records.

Based on the laws of your state and your doctor's policy depending on your state's laws and your doctor's policy, you could have the time to request medical documents from healthcare providers. This is the reason you should speak with your lawyer whenever you can after an accident. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these records. But, this doesn't mean that only you or your lawyer are able to examine your medical records. Insurance companies will often try to look for anything that could suggest that your injuries are pre-existing or not as severe as you think.

Your lawyer will use the medical information you provide to draft the letter of demand, which includes evidence to justify the damages you seek. Your lawyer should only give the relevant medical documents to your insurance company. They may ask you to grant them permission to access your complete medical record. This is not the best option for your claim, as it could reveal past injuries not related to the claim.

Reports of the Police

Police reports are produced every time a law enforcement officer responds to an emergency or accident, such as car accidents. Although they cannot be admitted in a court of law (they are considered to be hearsay) They are a valuable source of information for attorneys who are investigating and preparing their cases.

A police report provides an impartial account of the accident that is based on the witness testimony of the officer and his observations regarding the weather conditions, the drivers, and other factors. It's an important piece of evidence which can aid you in winning an auto accident lawsuit.

You can typically request a copy from the police precinct that handled the investigation. Call their non-emergency line and provide an invoice or an incident number as proof of identification. You can also request copies of records on the police department's website.

You'll have to file a lawsuit against the driver who was at fault once your medical bills or lost wages property damage have reached a certain value. The police report can be an effective tool during settlement negotiations, particularly if you can prove that the other driver was at fault based on the police officer's observations. In many cases, however, the parties reach a settlement without ever going to trial. The pre-trial process can be long and your case may not be resolved until one year after you file it.

Insurance Company Negotiations

After the adjuster has all the information they need from you as well as your car accident investigation, they'll make an offer of settlement. To generate their first offer, they'll input all the information and details into an online program. Most likely, they will make a smaller number than what you estimated based on your investigation. When insurance companies offer settlement offers, they have their own financial interests in the back of their heads.

They'll seek to limit the amount they pay in medical bills and other damages. You can counter by pointing out all the ways your injuries will impact your life in the near future. For instance, you could highlight your growing medical bills and lost earning potential, as well in the mental and physical suffering you're feeling.

Your lawyer or you then draft a demand letter and present it to the insurance company. This will include all the evidence you've collected including witness statements, photos of your injuries, as well as evidence to support your losses. Also, you'll make the list of the items you cannot negotiate, so you can prevent the insurance company from undercutting you. Once an agreement is reached the agreement will be recorded in the form of a written settlement agreement. Negotiations are often a back and forth, but remaining patient will aid in achieving a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which the parties exchange information and evidence. Parties can seek medical records, police reports, and witness statements. They will also send the other interrogatories (written questions that need to be answered under oath by the end of a specified time). Your attorney will also write down the severity of the physical, emotional, and auto accident lawsuit psychological injuries you've suffered, as well as any other damages that could be sought, including the amount of medical expenses you are currently and in the future as well as property damage and lost wages.

Your lawyer will consult with other experts, including mechanics, medical specialists, and engineers. These experts can assist the jury get a clear picture of your injuries and accident.

Then, your lawyer will begin negotiations with insurance companies to attempt to settle your claim with out a trial. If the insurance company fails to provide you with a fair settlement, or does not take into account your injuries and other damages, your case is likely to go to trial.

Although few cases actually go to trial, auto accident lawsuit it is crucial for victims to file a lawsuit as soon as is possible. Memory fades, witnesses pass away, and evidence can be lost over time and make it difficult to make a strong argument for the most compensation. In addition, you must abide with the statute of limitations in your state, which can range from 1 to 6 years.