Phases of an Auto Accident Lawsuit

Car accident injuries can lead to significant medical bills as well as property damage and loss of wages. An experienced attorney can assist you in getting the amount you are due.

The process can vary from case-to-case, but generally, it begins with the filing of an action. Then comes the discovery phase along with any appeals.

Medical Records

Medical records are an important part of any auto accident lawsuit. They can help the judge or jury determine how the accident has affected your life, as well as the physical, emotional and financial consequences of your injuries. Insurance companies will find it difficult to challenge the narrative told by medical records.

You may only have a specific amount of time, depending on the laws of your state and the policies of your doctor to obtain medical records. This is the reason why you should contact your lawyer whenever you can after an accident. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your lawyer will be able to see your medical records. Insurance companies constantly look for evidence that could indicate that your injuries aren't as serious as you claim or that you have a pre-existing condition.

Your lawyer will utilize your medical records to prepare a demand letter 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 since they might 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 because it could expose past injuries that are not relevant to the claim.

Reports of Police

Each time a police officer responds to a call for help, such as an accident, he or she makes a police report. While they're not admissible in court (they are considered hearsay) they can provide valuable information to attorneys investigating an accident and preparing cases.

A police report is an independent account of the crash from the witness testimony of the officer and his observations regarding the weather conditions, the drivers, and other aspects. It's a crucial piece of evidence that can aid you in winning your car accident lawsuit against the defendant.

You can usually request a copy from the precinct responsible for the investigation. Call their non-emergency line and provide a receipt or an incident number for identification. The police department might have a website where you can request copies of records online.

After your medical bills, property damage and lost wages exceed the amount of a certain amount, then you will need to bring a lawsuit against the driver at fault. The police report is an essential tool in settlement negotiations, particularly when you can prove the other driver's negligence from the evidence provided by the officer. A lot of cases are settled without having to go to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until one year after filing 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. To generate their first offer, they'll enter all the information and details into an online program. They'll probably produce a number that is much lower than the one you calculated based on your research. When insurance companies make settlement offers, they've got their own financial interests in their minds.

They'll be looking to reduce the amount they have to pay in medical bills and other damages. You can fight back by highlighting all the ways that your injuries could affect your life going forward. You can, for example you can highlight the mounting medical bills and the loss of earning potential, as well being aware of the physical and mental pain you're experiencing.

You or your attorney will prepare an order letter and then present it to an insurance company. This should include all the evidence you've collected such as witness statements, photographs of your injuries, and any documents supporting your losses. You'll also prepare the list of the items you cannot negotiate, so you can keep the insurance company from under-pricing you. Once an agreement is reached, koreafurniture.com it will be reflected in a written settlement agreement. It's normal for a back and forth to take place during these negotiations, but being patient will help you reach an equitable settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery, in which both parties exchange information and evidence. Parties can request medical records, police reports as well as witness statements. The parties may also exchange interrogatories, which are written questions which must be answered under the oath within a specified time. Your attorney will also write down the extent of the physical emotional, psychological, and physical injuries you've sustained, and any other damages that could be sought, like current and projected medical expenses as well as property damage and lost wages.

Your lawyer will confer with other experts like mechanics, medical specialists, and engineers. These experts will help paint an appealing image of your crash and your injuries for the jury.

Your attorney will then begin discussions with the insurance companies to settle your case without a trial. However, if the insurance company is willing to offer you a low amount of money or does not take your injury and other damages into account your case is likely to go to trial.

It is important that victims file a lawsuit as soon as possible, even though only a few cases will ever make it to court. Over time memories fade, witnesses pass away, and evidence disappears which makes it more difficult to present a compelling case for the highest amount of compensation. You must also adhere to the statute of limitations for your state, which can vary between 1 and 6 years.