Phases of an Auto Accident Lawsuit

Car crash injuries can result in substantial medical bills, property damage and lost wages. A knowledgeable attorney can assist you in getting the amount of compensation you deserve.

The process is different depending on the case, however, it generally begins with filing a complaint. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an important part of any auto accident lawsuit. They can help jurors or judges to comprehend the impact of the injury on your life. This includes the financial, emotional physical and emotional costs. Medical records will also tell an account that insurance companies will have a difficult time disputing.

You might only have a particular amount of time, contingent on the laws of your state and the guidelines of your physician, to obtain medical records. This is the reason you should speak with your lawyer whenever you can after an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA is a law that protects your right to access these records. But, this doesn't mean that only you or your lawyer will be able to view your medical records. Insurance companies are always looking for evidence that could suggest that your injuries aren't as severe as you claim or pre-existing.

Your lawyer will use your medical records to prepare a demand letter that will include evidence to justify the damages you are seeking. Your lawyer should only give the relevant medical documents to your insurance company. They may request you to allow them to access your complete medical record. This is not in your best interests as it could reveal past injuries that aren't related to the current claim.

Police Reports

Police reports are created every time a law enforcement officer responds to an emergency, including car accidents. Although they're not admissible in court (they are considered to be hearsay) however, they provide valuable information to attorneys investigating an incident and preparing an argument.

A police report is an objective assessment of what happened during the accident, auto accident lawsuit based on witness statements and the officer's observations regarding the damage to the vehicle as well as weather conditions, drivers, and so on. It's an important piece of evidence which can help you win an auto accidents accident lawsuit.

Usually, you can request a copy your police report from the police station that handled the investigation by calling their non-emergency number and providing an invoice or incident number to identify the report. You can request copies of the report through the department's website.

If your medical bills, property damage and lost wages exceed an amount that is a certain amount, you will need to bring a lawsuit against the driver at fault. The police report can be a valuable tool in settlement negotiations, especially when you can demonstrate that the other driver was at fault, based on an 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 a year after filing it.

Insurance Company Negotiations

After the adjuster has all the details they require from you as well as your car accident investigation, he'll make a settlement offer. They will then input all the facts and details into a software program to create their initial offer. Most likely, they will make a smaller amount than you anticipated using 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 how much they have to pay in medical bills and other damages. You can fight back if you point out the way your injuries will impact your life in the coming years. For instance, you can, point out your mounting medical bills and the loss of earning potential, as as the physical and mental suffering you are experiencing.

You or your lawyer will create a demand letter and submit it to the insurer. This will include all the evidence you've gathered such as witness statements, photographs of your injuries, and any documents supporting your losses. Also, you'll make the list of your non-negotiables to ensure you can keep the insurance company from under-pricing you. Once you have reached an agreement, it will be reflected in an agreement to settle in writing. It's normal for a back and forth to occur during these negotiations, but remaining calm will allow you to reach an equitable settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery, during which the parties exchange information and evidence. The parties can request medical records, police reports and witness statements. The parties may also exchange interrogatories which are written questions that must be answered on an oath within certain times. Your attorney will also write down the extent of physical psychological, emotional, and physical injuries you have suffered, as well as any other damages that may be sought, such as current and projected medical expenses as well as property damage and lost wages.

Your lawyer will also consult with experts such as medical professionals mechanics, engineers and mechanics. These experts will help paint a vivid picture of the crash and the injuries you sustained for the jury.

Finally, your attorney will begin discussions with insurance companies to attempt to settle your claim without a trial. If the insurance company is unable to offer an equitable settlement or does not consider your injuries and other losses, auto accident lawsuit your case is likely to go to trial.

It is important that victims file a suit as soon as they can, even though only a few cases will ever make it to court. As time passes memories fade, witnesses die, and evidence disappears and makes it harder to present a compelling case for the highest amount of compensation. You must also comply with your state's statute of limitations that can range from 1 to 6 years.