Phases of an auto accident law firm Accident Lawsuit

Injuries from car crashes can result in substantial 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 usually begins with the filing of a complaint. The discovery phase, trial, and appeals follow.

Medical Records

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

According to the laws of your state and your doctor's policy depending on your state's laws and your doctor's policy, you could have limited time to request medical records from your healthcare provider. This is why it is important to speak with your lawyer as soon as you can following an accident. Health Information Portability and Accountability Act, or HIPAA, protects your right to access these records. However, this doesn't mean that only you or your lawyer can see your medical records. Insurance companies are always looking for evidence that might suggest your injuries might not be as serious as you claim or if you have pre-existing injuries.

Your lawyer will utilize the medical records you provide to create a letter of demand that will include evidence in support of the damages you are seeking. It is crucial that your lawyer only provides relevant medical records to the insurance company, because they could ask you to sign a medical authorization that allows them to access all of your medical records. This is not in your best interest because it could reveal prior injuries that are not related to the current claim.

Police Reports

Each time a police officer responds to a request for assistance, or an accident, auto accident lawsuit he produces a report. While they cannot be used in a court of law (they are deemed to be hearsay), they provide valuable information to attorneys in the process of investigating and preparing their cases.

A police report is an objective assessment of what happened in the accident, based on witness statements and observations regarding the damage to the vehicles as well as weather conditions, drivers and more. It is an important evidence that can assist you in winning an auto 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 an invoice or an incident number as identification. The police department may also have a website on which you can request copies of records online.

You'll have to file a lawsuit against the driver at fault after your medical expenses or lost wages property damage reach an amount. The police report can be a useful tool during settlement negotiations, especially if you can prove that the other driver was at blame based on the officer's observations. Many cases end up reaching a settlement without ever going to trial. It could take a long time to complete the steps before trial and your case might not be resolved for a long time.

Insurance Company Negotiations

After the adjuster has all of the information he needs from you and your vehicle accident investigation, they will make an offer to settle. To create their initial offer, they will enter all the information and details into the computer program. They'll likely arrive at a figure that is much lower than the one you calculated based on your study. When insurance companies make settlement offers, they have their own financial interests in mind.

They'll want to reduce the amount they have to pay for your medical expenses and other damages. You can fight back if you explain the negative effects your injuries could have on you and affect your life in future. For instance, you can draw attention to your increasing medical bills, your diminished earning potential, and the emotional and physical pain you're experiencing.

Your lawyer or you then draft a demand letter and submit it to the insurer. The letter should contain all of the evidence that you've collected, including witnesses' statements and photographs of your injuries. You'll also make a list of the items you cannot negotiate, so you can stop the insurance company from under-pricing you. After an agreement has been reached and the written settlement contract will reflect it. Negotiations often involve back and forth, however perseverance will assist you in negotiating an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which both parties exchange information and evidence. Parties can require medical records or police reports, and witness statements. The parties will also exchange interrogatories, which are written questions which have to be answered on the oath within a specified time. Your attorney will also record the severity of the physical, emotional, and psychological injuries you've suffered, in addition to any other damages that might be sought, including future and current medical expenses as well as property damage and lost wages.

Your lawyer will also speak with experts like medical specialists, mechanics and engineers. These experts can help the jury get clear information about your injuries and accident.

Finally, your attorney will begin negotiations with insurance companies to try to settle your claim with out a trial. If the insurance company offers you a low settlement or does not take your injury and other damages into account your case is likely to progress to trial.

It is crucial that victims file a suit as soon as they can, even though few cases get to the courtroom. Memories fade, witnesses pass away, and evidence can be lost as time passes and make it difficult to present a convincing case for maximum compensation. Additionally, you must comply with the statute of limitations in your state, which can be anywhere from one to six years.