Phases of an Auto Accident Lawsuit

Car crash injuries can result in significant medical bills as well as property damage and loss of wages. An experienced attorney can help you receive the compensation you need.

The procedure varies from case to case, but generally starts by filing an action. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are an essential element in any auto accident law firm accident case. They can help jurors or judges comprehend how the accident impacted your life, including the physical, emotional and financial cost of your injuries. Medical records will also tell an account that insurance companies will have a difficult time disputing.

In accordance with the laws of your state and your doctor's policy You may be granted only a short amount of time to request medical records from healthcare providers. It is recommended to consult with your lawyer as soon after an accident as possible. Health Information Portability and Accountability Act or HIPAA, protects your right to access these medical records. This doesn't mean you or your lawyer are the only ones to view your medical records. Insurance companies are always looking for evidence that might suggest your injuries might not be as serious 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're seeking. Your lawyer should only provide the relevant medical records to your insurance company. They may require you to give them permission to access your complete medical record. This is not in your best interest as it could reveal past injuries that are not related to the current claim.

Reports of Police

Police reports are generated each time a law enforcement officer responds to an emergency, including car accidents. Although they cannot be admitted in the courts of law (they are deemed to be hearsay) they are valuable information for attorneys when investigating and Auto Accident Lawsuit preparing their cases.

A police report offers an independent account of the crash, based on the witness' testimony and the officer's observations regarding the weather conditions, the drivers, and a variety of other factors. It's a vital evidence that can assist you in winning an auto accident lawsuit.

You can usually request a copy from the precinct who handled the investigation. Call their non-emergency line and provide an invoice or an incident number to prove your identity. You can also request copies of police reports through the department's website.

After your medical bills or property damage, as well as lost wages exceed an amount that is a certain amount, you will need to make a claim against the driver at fault. The police report can be an effective tool in settlement negotiations, especially in cases where you can show that the other driver was at fault, based on an officer's observations. In many cases, however, the parties reach a settlement without ever going to trial. The process of preparing for trial can be lengthy and your case may not be resolved until one year after you file it.

Insurance Company Negotiations

Once the adjuster has all the information they require from you and auto accident lawsuit your automobile accident investigation, he'll make an offer to settle. They will enter all the facts and details into a computer program in order to create their initial offer. Most likely, they will make a smaller amount than you anticipated based on your study. When insurance companies offer settlement offers, they've got their own financial interests in mind.

They'll want to limit the amount they'll have to pay for medical expenses and other damages. You can fight back when you highlight the negative effects your injuries could have on you and affect your life in future. You could, for instance highlight your growing medical bills and the loss of earning potential, as well being aware of the physical and mental pain you're experiencing.

You or your lawyer will create a demand letter and send it to the insurer. This letter should include all the evidence you have gathered including witness statements and photos of your injuries. You should also create a list of your non-negotiables, so you can keep the insurance company from negotiating with you. When an agreement is reached, it will be reflected in an agreement for settlement in writing. It's not uncommon for back-and-forth to occur during these negotiations, but being in the moment will help you get a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which both parties exchange information and evidence. Parties can seek medical records and police reports as well as witness statements. The parties can also exchange interrogatories which are written questions that have to be answered under an oath within certain times. Your attorney will also document the extent of physical psychological, emotional, and physical injuries you've sustained, in addition to any other damages that could be sought, including the current and anticipated medical expenses along with property damage, lost wages.

Your lawyer will also talk with experts like medical specialists as well as mechanics and engineers. They will help paint a the vivid picture of the crash and your injuries for the jury.

Then, your lawyer will begin discussions with insurance companies to attempt to settle your claim without trial. If the insurance company fails to offer an acceptable settlement or does not consider your injuries and other damages your case will likely be heard in court.

It is essential that victims file a lawsuit immediately even though very few cases will ever make it to court. Memories fade, witnesses can disappear, and evidence could be lost in time and it becomes difficult to make a strong case to get the maximum amount of compensation. You must also comply with your state's statute of limitations which can vary from 1 to 6 years.