Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages could be substantial following an accident. An experienced lawyer can assist you receive the compensation that you require.

The process may differ from case-to-case, but generally it begins with the filing of the complaint. Then comes the discovery phase trial, and any appeals.

Medical Records

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

You may only have a specific amount of time, based on the laws of your state and the policy of your doctor to obtain medical records. You should consult your lawyer as soon after an accident as is possible. The law safeguards your access to these records with the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones able to examine your medical records. Insurance companies are often keen to find anything that might indicate that your injuries were not pre-existing or not as severe as you think.

Your lawyer will utilize the medical records you provide to create the letter of demand that includes evidence to justify the damages you are seeking. Your lawyer should 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 beneficial to your claim because it could reveal past injuries not related to this claim.

Police Reports

Police reports are prepared each time a law enforcement officer responds to an emergency call or accident, such as car accidents. While they're not admissible in court (they are deemed to be hearsay) they can provide invaluable information to attorneys conducting an investigation and preparing the case.

A police report gives an impartial account of the accident that is based on the witness testimony of the officer and his observations of the weather conditions, drivers, and other factors. It is a crucial piece of evidence that can aid you in winning an auto accidents accident lawsuit.

Typically, you can request a copy of your police report from the local police department that was responsible for the investigation by calling their non-emergency number and supplying an incident or receipt to identify it. The police department may have a website where you can request copies of your records online.

If your medical bills and property damage as well as lost wages exceed an amount that is a certain amount, auto accident lawsuit you will need to start a lawsuit against the at-fault driver. The police report can be a useful tool in settlement negotiations, especially when you can demonstrate that the other driver was largely at blame based on the officer's observations. A lot of cases are settled without going to trial. Pre-trial proceedings can take a long time and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

After the adjuster has all the details they require from you and your automobile accident investigation, he will make an offer for settlement. In order to create their first offer, they will enter all the information and details into a computer program. Most likely, they will make a lower number than you calculated based on your research. When insurance companies offer settlement offers, they've got their own financial interest in their minds.

They'll seek to limit the amount they will have to pay for medical bills and other damages. You are able to fight back if you explain how your injuries will negatively affect your life in the near future. For instance, you can, point out your mounting medical bills and lost earning potential, as well being aware of the physical and mental suffering you're experiencing.

You or your lawyer will prepare a demand form and present it to the insurance company. This will include all the evidence you've collected including witness statements, photos of your injuries as well as any evidence to support your losses. You should also make an outline of the things you will not negotiate to stop the insurance company from undervaluing your claim. When an agreement is reached the agreement will be recorded in a written settlement agreement. Negotiations are often a back and forth, but remaining patient will aid in achieving an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which the parties exchange information and evidence. Parties can request medical records, police reports, as well as witness statements. They will also provide another interrogatories (written questions that have to be completed under oath at the expiration of a specific time). Additionally your lawyer will record the extent of your physical, emotional and psychological injuries in addition to the other damages you could seek compensation for, including existing and projected future medical expenses, property damage and lost wages.

Your lawyer will also speak with experts such as medical specialists, mechanics and engineers. These experts will help paint a the vivid picture of your crash and your injuries for the jury.

Your lawyer will begin discussions with insurance companies to attempt to settle your claim with out a trial. However, if the insurance company offers you an unsatisfactory settlement or does not take your injury and other damages into consideration the case could progress to trial.

While a small number of cases do go to trial, it is vital for the victims to begin a lawsuit as soon as possible. Memory fades, witnesses die and evidence can disappear as time passes making it more difficult to make a strong argument for the most compensation. You must also adhere to the statute of limitations in your state that can range from 1 to 6 years.