Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages may be significant after an auto accidents accident. An experienced lawyer can assist you get the compensation you require.

The procedure can differ depending on the case, but generally it starts with the filing of an accusation. Then comes the discovery phase, trial and any appeals.

Medical Records

Medical records are an essential part of any auto accident lawsuit. They will help the judge or jury to know how the injury affected your life, including the physical, emotional and financial costs of your injuries. Medical records can also tell the story that insurance companies will have a tough to argue.

You may only have a certain period of time, based on the laws of your state and the policy of your doctor to request medical records. This is the reason you should speak with your lawyer whenever you can after an accident. The law guarantees access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your lawyer can access your medical records. Insurance companies constantly look for evidence that could indicate that your injuries aren't the severity you claim or have a pre-existing condition.

Your lawyer will use your medical records in order to prepare a demand letter which will include evidence to support the damages you're seeking. Your lawyer must only provide the relevant medical records to your insurance company. They might ask you to authorize them to access your complete medical record. This is not in your best interests because it could reveal prior injuries that aren't connected to the present claim.

Reports of the Police

When a police officer responds to a call for assistance, or an accident, he or she prepares a police report. Although they cannot be admitted in a court of law (they are deemed to be hearsay), they provide valuable information for attorneys who are conducting investigations and preparing cases.

A police report gives an impartial account of the accident which is based on the witnesses' testimony as well as the officer's observations regarding the weather conditions, drivers, and a variety of other factors. It's an important piece of evidence that can assist you in winning a lawsuit for car accidents.

Usually, you can request a copy your police report from the police station that handled the investigation by calling their non-emergency phone number and auto accident lawsuit providing an incident or receipt to identify it. The police department might have a website on which you can request copies of records online.

You'll need to file a suit against the person who caused the accident when your medical bills as well as lost wages and property damage reach the amount of. The police report can be a valuable tool in settlement negotiations, particularly if you can prove the other driver's fault based on observations made by the officer. In many cases, however, the parties reach an agreement without going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until one year after filing it.

Insurance Company Negotiations

Once an adjuster has all the data they need from you and the investigation into the car accident is complete, they will offer an offer of settlement. To generate their first offer, they'll input all the information and details into a computer program. They'll likely come up with a number that is much lower than the one you calculated based on your study. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to reduce the amount they'll need to pay for your medical bills and other damages. You can counter by pointing out all the ways that your injuries will affect your life in the future. For instance, you could draw attention to your increasing medical bills, the loss of earning capacity, and the emotional and physical pain you're experiencing.

Your attorney or you then prepare a letter of demand and present it to an insurer. It should include all the evidence you have gathered and include witness statements, photos of your injuries, as well as documentation supporting your losses. Also, you will create an outline of the things you will not negotiate to stop the insurance company from undervaluing your claim. If an agreement is reached the agreement will be recorded in an agreement to settle in writing. Negotiations often involve back and forth, but staying patient will help you achieve an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which the parties exchange information and evidence. The parties may seek medical documents, police reports or witness statements. The parties may also trade interrogatories that are written questions that have to be answered under an oath within certain times. Your attorney will also document the severity of the physical mental, emotional, or psychological injuries you have suffered, as well as any other damages that might be sought out, such as future and current medical expenses or property damage, as well as lost wages.

Your lawyer will also consult with experts such as medical specialists mechanics, engineers, and mechanics. These experts can assist the jury get an accurate picture of your injuries and the accident.

Your attorney will then start negotiations with insurance companies to settle your case without trial. If the insurance company is unable to offer an acceptable settlement or does not consider your injuries and other damages your case is likely to go to trial.

Although a small percentage of cases get to trial, it is essential for victims to start a lawsuit as quickly as possible. Memories fade, witnesses die and evidence can disappear over time and make it difficult to establish a compelling case to get the maximum amount of compensation. In addition, you must abide with the statute of limitations in your state, which can be anywhere from one to six years.