Phases of an Auto Accident Lawsuit

Injuries from car crashes could result in significant medical bills as well as property damage and loss of wages. An experienced lawyer can assist you in receiving the amount you are due.

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

Medical Records

Medical records are a vital element of any auto accident case. They can 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 dispute the story told by medical records.

Depending on your state's laws and your doctor's policy In some states, you'll have only a short amount of time to request medical records from your healthcare provider. This is the reason why you should discuss your legal needs as soon as you can after an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA, protects your right to access these medical records. However, this does not mean that you or your lawyer are the only ones to look over your medical records. Insurance companies are often keen to find anything that might suggest that your injuries are pre-existing or not so severe as you say.

Your lawyer will use the medical records you provide to prepare an order letter that includes evidence to justify the damages you seek. It is essential that your lawyer only provide relevant medical documents to the insurance company, because they could ask you to sign a medical authorization that permits them to access all your medical records. This is not in your best interest since it could reveal previous injuries that aren't related to the current claim.

Police Reports

Police reports are prepared each time a law enforcement officer responds to an emergency call, including car accidents. Although they are not admissible in the courts of law (they are deemed to be hearsay), they provide valuable information for attorneys when investigating and preparing cases.

A police report is an objective report of what happened in the accident, based on witness statements and observations about the vehicles' damage the weather, the drivers, and so on. It's an important evidence that can aid in winning an auto accident lawsuits accident lawsuit.

Typically you can request a copy of your police report from the precinct which was responsible for the investigation by calling their emergency number and supplying the receipt or incident number to identify it. The police department may also have a website on which you can request copies of your records online.

After your medical bills and property damage as well as lost wages are at an amount that is a certain amount, you'll have to file a lawsuit against the driver at fault. The police report is an essential tool in settlement negotiations, especially in cases where you can prove other driver's negligence from the evidence provided by the officer. In many cases, however, the parties reach a settlement without ever going to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until a year after you file it.

Insurance Company Negotiations

After the adjuster has all of the information he needs from you and your automobile accident investigation, they'll make a settlement offer. They will then input all the information and facts into a computer program in order to make their initial offer. Most likely, they will come up with a much less than the amount you calculated using your research. It's important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll want to reduce the amount they'll have to pay for auto accident your medical expenses and other damage. You can fight back if you explain how your injuries will impact your life in the future. For instance, you can you can highlight the mounting medical bills and your lost earning potential, as well as the physical and mental suffering you're feeling.

Your attorney or you prepare the letter of demand and then present it to an insurer. It should include all the evidence you have gathered including witness statements, photos of your injuries, and any documents that support your losses. Also, you'll make the list of your non-negotiables, so you can stop the insurance company from under-pricing you. When an agreement has been reached the written settlement agreement will reflect it. It's not uncommon for back-and-forth to occur during these negotiations, but staying patient will help you reach a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which both parties exchange information and evidence. The parties can seek medical documents, police reports or witness statements. The parties may also exchange interrogatories, which are written questions that must be answered on the oath within a specified time. Your attorney will also write down the severity of physical mental, emotional, or psychological injuries you've suffered, in addition to any other damages that may be sought out, such as current and projected medical expenses or property damage, as well as lost wages.

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

Your attorney will then begin negotiations with insurance companies in order to resolve your case without trial. If the insurance company is unable to offer you an acceptable settlement or doesn't take into consideration your injuries and other damages your case is likely to be heard in court.

While only a few cases go to trial it is vital for the victims to start a lawsuit as quickly as possible. The memories fade, witnesses pass away, and evidence can be lost as time passes making it more difficult to make a strong case for the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which can range from 1 to 6 years.