Phases of an Auto Accident Lawsuit

Car accident injuries can result in significant medical bills, property damage and lost wages. An experienced attorney can assist you in obtaining the compensation you deserve.

The process is different from case-to-case, however, it generally begins with filing an action. Then comes the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an essential element in any auto accident law firm accident lawsuit. They will assist jurors or judges determine the impact of the injury on your life. This includes the emotional, financial, and physical costs. Medical records will also tell an insurance company a story they will have a hard to dispute.

In accordance with the laws of your state and the policies of your doctor In some states, you'll have the time to request medical records from healthcare providers. This is why you should contact your lawyer as soon as possible after an accident. The law safeguards your access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer can access your medical records. Insurance companies are generally keen to look for anything that could suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will use your medical records to create a demand letter that will include evidence to justify the damages you seek. Your lawyer should only supply the relevant medical records to your insurance company. They might ask you to authorize them to access your entire medical record. This is not in the best interest of your claim because it could reveal injuries from the past that are not related to the claim.

Police Reports

Every time a police officer responds to a request for help, including an accident, he or she makes a police report. Although they're not admissible in court (they are deemed to be hearsay) however, they provide invaluable information to attorneys investigating an accident and creating a case.

A police report provides an objective view of what transpired in the accident, based on witness testimony and observations by the officer about the vehicle's damage as well as weather conditions, drivers, and so on. It is an important evidence that can aid in winning an auto accident lawsuit.

You can usually request a copy from the police precinct that handled the investigation. Call their non-emergency line and provide the receipt or incident number for identification. The police department may have a website where you can request copies of your records online.

After your medical expenses as well as property damage and lost wages exceed a certain amount, you'll need to start a lawsuit against the at-fault driver. The police report can prove to be a helpful tool in settlement negotiations, particularly in cases where you can show that the other driver was at fault based on the police officer's observations. Many cases are settled without having to go 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 the information they require from you, and the investigation into the car accident is complete, they will offer an offer for settlement. They will then input all the facts and details into a software program to make their initial offer. Most likely, they'll make a smaller number than what you estimated based on your research. When insurance companies make settlement offers, they've got their own financial interests in mind.

They will wish to limit the amount they are required to pay for medical bills and other damages. You are able to fight back if you highlight the negative effects your injuries could have on you and affect your life in future. For instance, you could you can highlight the mounting medical bills and lost earning potential, as well being aware of the physical and mental suffering you are experiencing.

Your lawyer or you will prepare a demand form and present it to the insurer. This will include all the evidence you've collected including statements from witnesses, photographs of your injuries as well as any evidence to support your losses. Also, you will create an inventory of non-negotiables in order to keep the insurance company from undervaluing your claim. Once you have reached an agreement, it will be reflected in an agreement to settle in writing. Negotiations can be a back and forth affair, but being patient can assist you in negotiating a fair settlement.

Legal Advice

The next stage in the car lawsuit involving an accident is discovery, where the parties exchange information and evidence. Parties may require medical records or police reports, as well as witness statements. They will also send each other interrogatories (written questions that need to be answered under oath before the expiration of a specific time). Your attorney will also write down the severity of physical emotional, auto accident lawsuit psychological, and physical injuries you have suffered, in addition to any other damages that could be sought out, such as the current and anticipated medical expenses as well as property damage and lost wages.

Your lawyer will also speak with experts, such as medical experts, mechanics and engineers. They will help paint a the vivid image of your crash and the injuries you sustained for 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 offer a fair settlement or doesn't take into consideration your injuries and other damages, your case will likely go to trial.

It is important that victims file a lawsuit immediately, even though only a few cases get to the courtroom. With time, memories fade, witnesses pass away, and evidence disappears, making it more difficult to file a convincing claim for the highest amount of compensation. You must also adhere to your state's statute of limitations, which can vary from 1 to 6 years.