Phases of an Auto Accident Lawsuit

Medical bills, property damage, and lost wages can be substantial following an auto accident attorney accident. An experienced lawyer can help you in receiving the amount of compensation you deserve.

The process can vary from case to case, but usually begins with the filing of an action. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are a vital part of any auto accident case. They can help jurors or judges to know the effects of the injury on your life. This includes the financial, emotional physical, and emotional costs. Medical records can also tell an account that insurance companies will have a tough to argue.

You may only have a specific amount of time, depending on the laws of your state and the policies of your doctor to request medical records. This is the reason why you should contact your lawyer as soon as you can following an accident. The law safeguards your access to these records with the Health Information Portability and Accountability Act (HIPAA). This doesn't mean you or your lawyer are the only ones who are able to examine your medical records. Insurance companies are generally keen to find anything that might suggest that your injuries were pre-existing or not as severe as you claim.

Your lawyer will make use of your medical records to prepare a demand letter that will include evidence to support the damages you seek. It is imperative that your lawyer only provide relevant medical records to the insurance company, since they might ask you to sign an authorization that allows them to access all of your medical records. This is not the best option for your claim, as it could reveal previous injuries that are not connected to the claim.

Police Reports

Every time a police official responds to a call for help, including an accident, he creates a police report. Although they cannot be admitted in the courts of law (they are considered to be hearsay), they provide valuable information to attorneys when they are conducting investigations and preparing cases.

A police report provides an objective account of the incident that is based on the witness testimony of the officer and his observations regarding the weather conditions, the drivers, and other elements. It is an important piece of evidence that could aid in winning an auto accident lawsuit.

Usually, you can request a copy your police report from the precinct that was responsible for the investigation by calling their non-emergency line and supplying an incident or receipt to identify the report. You can request copies of your police report through the website of the police department.

If your medical bills as well as property damage and lost wages are at the amount of a certain amount, then you will need to bring a lawsuit against the at-fault driver. The police report can be a valuable tool in settlement negotiations, particularly when you can establish the other driver's responsibility based on observations made by the officer. But, many cases settle a settlement without ever going to trial. It may take some time to work through the pre-trial process and your case could not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all of the information they require from you, and the car accident investigation They will then extend an offer of settlement. To generate their first offer, they'll input all the information and details into an online program. Most likely, they will come up with a much smaller amount than you anticipated in your investigation. It's important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll want to limit the amount they'll need to pay for your medical bills and other damage. You can fight back when you mention the way your injuries will affect your life in the near future. For instance, you could highlight your growing medical bills, your diminished earning potential, and the emotional and physical pain you're suffering.

You or your attorney will then prepare an order letter and submit it to an insurance company. It will contain all the evidence you've collected and include statements from witnesses, photographs of your injuries, and any documents supporting your losses. Additionally, you should create a list of the non-negotiables that will keep the insurance company from undervaluing your claim. If an agreement is reached and ratified, it will be included in an agreement for settlement in writing. It's not uncommon for auto accident lawsuit back-and-forth to occur during these negotiations, but staying in the moment will help you get an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, in which the parties exchange information and evidence. Parties may seek medical records, police reports and witness statements. The parties will also exchange interrogatories which are written inquiries which must be answered under the oath within a specified time. In addition your attorney will provide documentation of the extent of your physical emotional and mental injuries and the additional damages you might be seeking to recover such as current and anticipated future medical expenses, property damage and lost wages.

Your lawyer will consult with other experts, like mechanics, medical professionals, and engineers. These experts will aid in painting a an accurate picture of your crash and the extent of your injuries to the jury.

Your lawyer will then start discussions with the insurance companies in order to resolve your case with no trial. If the insurance company is unable to provide you with a fair settlement, or does not take into account your injuries and other damages your case is likely to go to trial.

Although a small percentage of cases go to trial, it is important for victims to begin a lawsuit as soon as possible. Memories fade, witnesses disappear and evidence may be lost in time and it becomes difficult to make a strong case to get the maximum amount of compensation. It is also important to adhere to the statute of limitations for your state, which can vary between 1 and 6 years.