Phases of an auto accident law firms Accident Lawsuit

Damage to property, medical bills and lost wages can be significant following a car accident. An experienced attorney can help you get the compensation you need.

The process is different depending on the case, however, generally it starts with filing a complaint. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an essential element of any auto accidents accident lawsuit. They will help the jury or judge determine the impact of the injury on your life. This includes the financial, emotional physical, and automobile emotional expenses. Medical records will also provide the story that insurance companies will have a tough to dispute.

You may only have a specific amount of time, based on the laws of your state and the policies of your doctor to obtain medical records. This is the reason you should contact your lawyer as soon as you can following an accident. Health Information Portability and Accountability Act or HIPAA guarantees your right to access these documents. However, this does not mean that only you or your lawyer are able to examine your medical records. Insurance companies are always looking for evidence that might suggest your injuries may not be the severity you claim or that you have a pre-existing condition.

Your lawyer will make use of your medical records to create a demand letter which will include evidence to support the damages you're seeking. It is imperative that your lawyer only provide relevant medical records to the insurance company, because they could ask you to sign an authorization that allows them to access all your medical records. This is not beneficial to your claim, as it could reveal past injuries not related to the claim.

Reports of the Police

Police reports are generated each time a police officer responds to an emergency call and also car accidents. Although they aren't 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 provides an objective assessment of what transpired in the crash, based on witness statements and observations about the vehicle's damage, weather conditions, drivers and more. It's a vital piece of evidence that could assist you in winning a car accident lawsuit.

You can typically request a copy from the precinct that was responsible for the investigation. Contact their non-emergency number and provide a receipt or an incident number as proof of identification. You can request copies of your police report through the police department's website.

When your medical bills, property damage and lost wages exceed an amount that is a certain amount, you will need to file a lawsuit against the driver who is at fault. The police report can prove to be a helpful tool in settlement negotiations, particularly if you can prove that the other driver was at fault based on the officer's observations. A lot of cases are settled 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

When the adjuster has all of the information they require from you and your automobile accident investigation, they'll make an offer of settlement. To create their initial offer, they'll input all the information and details into an online program. They'll probably come up with a number that is much lower than the one you calculated from your investigation. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They'll want to reduce the amount they'll have to pay for medical bills and other damages. You can fight back by highlighting all the ways that your injuries will affect your life in the coming years. You can, for example, point out your mounting medical bills, your diminished earning potential, as being aware of the physical and mental suffering you're feeling.

Your attorney or you prepare an official demand letter and then present it to an insurance company. This letter will include all of the evidence that you've gathered such as witnesses' statements and photographs of your injuries. You'll also make the list of your non-negotiables to ensure you can prevent the insurance company from undercutting you. Once an agreement is reached and ratified, it will be included in a written settlement agreement. Negotiations are often a back and forth affair, but remaining patient will help you achieve an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which both parties exchange information and evidence. The parties may request medical records, police reports, and witness statements. They can also send the other interrogatories (written questions to be answered under oath before the end of the specified time). In addition the attorney will also document the extent of your physical emotional and psychological injuries in addition to the other damages you may be seeking to recover such as current and anticipated future medical costs, property damage, and lost wages.

Your lawyer will consult with other experts like medical specialists, mechanics, and engineers. These experts will aid in painting a an appealing picture of the crash and the injuries you sustained for the jury.

Your lawyer will then begin discussions with insurance companies to settle your case without trial. If the insurance company does not offer you a fair settlement, or doesn't take into consideration your injuries and other damages, your case is likely to go to trial.

While only a few cases go to trial it is vital for the victims to make a claim as soon as they can. The memories fade, witnesses disappear, and evidence could be lost as time passes and make it difficult to make a strong case for maximum compensation. You must also follow the statute of limitations for your state that can range between 1 and 6 years.