Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in significant medical bills, property damage and lost wages. An experienced lawyer can assist to get the compensation you need.

The procedure varies depending on the case, but generally, it begins with filing a complaint. The discovery phase, trial, and appeals follow.

Medical Records

Medical records are an important element of any auto accident attorney accident lawsuit. They will help the judge or jury to comprehend how the accident had an impact on your life, including the physical, emotional and financial burdens of your injuries. Insurance companies will be unable to argue with the information provided by medical records.

According to the laws of your state and the policies of your doctor depending on your state's laws and your doctor's policy, you could have the time to request medical records from healthcare providers. This is the reason why you should discuss your legal needs as soon as you can following an accident. The law provides access to these records by implementing the Health Information Portability and auto accident lawsuit Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones who are able to view your medical records. Insurance companies are always looking for any sign that suggests that your injuries aren't as severe as you claim or if you have pre-existing injuries.

Your lawyer will use your medical records to prepare a demand letter that will include evidence to support the damages you are seeking. Your lawyer should only give the relevant medical documents to your insurance company. They might ask you to authorize them to access your entire medical record. This is not beneficial to your claim as it may expose past injuries that are not relevant to the claim.

Reports of the Police

Every time a police officer responds to a call for help, including an accident, he or she creates a police report. Even though they aren't admissible in court (they are considered hearsay) however, they provide important information to attorneys when conducting an investigation and preparing an argument.

A police report offers an objective account of the accident, based on the witness' testimony and the officer's observations regarding the weather conditions, the drivers, and other aspects. It's an important piece of evidence that can assist you in winning an auto accident lawsuit.

Usually you can request a copy of your police report from the police station that handled the investigation by calling their emergency number and supplying an invoice or incident number to identify it. You can also request copies of police reports on the police department's website.

If your medical bills and property damage as well as lost wages are at an amount you can afford, you will need to make a claim against the driver at fault. The police report can be a valuable tool during settlement negotiations, particularly in cases where you can show that the other driver was at fault, based on an officer's observations. But, many cases settle an agreement without ever going 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 of the information they require from you and the investigation into the car accident They will then extend a settlement offer. They will then input all the facts and details into a computer program in order to generate their initial offer. They'll most likely come up with a number which is significantly lower than the number you calculated based on your research. When insurance companies make settlement offers, they have their own financial interests in mind.

They'll want to reduce the amount they have to pay for medical bills and other damages. You can fight back by pointing out all the ways your injuries will impact your life going forward. You could, for instance mention your increasing medical bills and your lost earnings potential, as well in the mental and physical suffering you're feeling.

Your attorney or you will create an official demand letter and then present it to an insurer. This will include all the evidence you have gathered, including witness statements, photos of your injuries as well as any evidence to support your losses. You will also create an outline of the things you will not negotiate to keep the insurance company from undervaluing your claim. Once an agreement is reached, the written settlement agreement will reflect it. It's common for a back-and-forth to take place during the negotiation process, but remaining patient will help you reach an acceptable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. Parties can seek medical records, police reports, and witness statements. The parties may also exchange interrogatories that are written questions that have to be answered under an oath within certain times. Your lawyer will also record the severity of physical mental, emotional, or psychological injuries you've suffered, as well as any other damages that could be sought out, such as the amount of medical expenses you are currently and in the future along with property damage, lost wages.

Your lawyer will talk to other experts, like mechanics, medical experts and engineers. These experts can assist the jury get an accurate picture of the injuries and accidents you sustained.

Your lawyer will then begin discussions with insurance companies to settle your case without trial. If the insurance company offers a small settlement or does not take your injury and other damages into consideration your case is likely to be heard at trial.

While only a few cases go to trial it is vital for the victims to start a lawsuit as quickly as they can. Memory fades, witnesses disappear and evidence may be lost in time, making it harder to build a strong case for auto accident lawsuit maximum compensation. You must also comply with the statute of limitations for your state which can range from 1 to 6 years.