Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages could be substantial following an accident. An experienced attorney can help you receive the compensation that you require.

The procedure is different depending on the case, however, generally it starts with filing a complaint. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are an important element of any auto accident law firms accident lawsuit. They will assist a jury or judge determine how the accident has affected your life, including the emotional, physical and financial consequences of your injuries. Insurance companies will have a hard time to refute the story portrayed by medical records.

You may only have a certain amount of time, based on the laws of your state and the policy of your doctor to request medical records. It is recommended to consult with your lawyer as soon after an accident as possible. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these records. This does not mean you or your lawyer are the only ones who are able to look over your medical records. Insurance companies are always looking for anything that could indicate your injuries might not be as severe as you think or if you have pre-existing injuries.

Your lawyer will make use of your medical records to prepare a demand letters, that will include evidence to justify the damages you seek. Your lawyer should only provide the relevant medical records to your insurance company. They may ask you to grant them permission to access your complete medical record. This is not in your best interest since it could expose past injuries that aren't connected to the present claim.

Reports of Police

When a police officer responds to a request for assistance, or an accident, he or she prepares a police report. While they're not admissible in court (they are considered hearsay) They can provide valuable information to attorneys when investigating an incident and preparing an argument.

A police report provides an objective account of what happened during the crash, based on witness statements and the officer's observations regarding the damage to the vehicles the weather, the drivers, and so on. It is an important evidence that can aid you in winning an Auto Accident Lawsuits accident lawsuit.

Usually, you can request a copy your police report from the precinct that handled the investigation by calling their emergency number and supplying a receipt or incident number to identify the report. The police department might also have a website on which you can request copies of the records online.

After your medical expenses, property damage and lost wages reach a certain amount, you will need to make a claim against the driver at fault. The police report can be a valuable tool in settlement negotiations, particularly if you can prove the other driver's responsibility in the light of observations made by the officer. In many cases, however, the parties reach an agreement without going to trial. The process of preparing for trial can be lengthy and your case might not be resolved until one year after you file it.

Insurance Company Negotiations

When the adjuster has all of the information they require from you and your vehicle accident investigation, they'll make a settlement offer. To generate their first offer, they will enter all the information and details into a computer program. They'll probably come up with a number that is much lower than the one you calculated from your study. It's important to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers.

They will be looking to reduce the amount they will have to pay for medical bills and other damages. You can fight back if you highlight how your injuries will impact your life in the future. You could, for instance mention your increasing medical bills and the loss of earning potential, as as the mental and physical pain you're experiencing.

Your attorney or you will prepare an official demand letter and submit it to an insurance company. This should include all the evidence you've collected including witness statements, photographs of your injuries, and any documents that support your losses. Also, you'll make a list of your non-negotiables so you can stop the insurance company from under-pricing you. Once an agreement is reached and the written settlement contract will reflect it. It's normal for a back-andforth to occur during these negotiations, but staying calm will allow you to reach an acceptable settlement.

Legal Advice

The next stage in the car lawsuit involving an accident is discovery, where both parties exchange information and auto Accident lawsuits evidence. Parties may request medical records and police reports as well as witness statements. They may also send another interrogatories (written questions that need to be answered under oath by the expiration of a specific time). Your attorney will also record the extent of physical emotional, psychological, and physical injuries you've suffered, and any other damages that might be sought, like current and projected medical expenses as well as property damage and lost wages.

Your lawyer will also consult with experts such as medical specialists as well as mechanics and engineers. These experts will help paint the vivid image of your crash and the injuries you sustained for the jury.

Your attorney will then start negotiations with the insurance companies to resolve your case with no trial. If the insurance company offers a low amount of money or does not take your injuries and other damages into account your case is likely to progress to trial.

Although a small percentage of cases get to trial, it is crucial for victims to begin a lawsuit as soon as possible. Memories fade, witnesses can pass away, and evidence can be lost in time and make it difficult to build a strong case for maximum compensation. Additionally, you must comply with the statute of limitations in your state, which can range from 1 to 6 years.