Phases of an Auto Accident Lawsuit

Injuries from car crashes could result in significant medical bills as well as property damage and loss of wages. An experienced lawyer can help you in getting the compensation you deserve.

The process varies from case to case, but generally, it begins with filing a complaint. Then follows the discovery phase along with any appeals.

Medical Records

Medical records are a vital element of any auto accident law firm accident case. They can help the judge or jury determine how the accident has affected your life, as well as the physical, emotional and financial consequences of your injuries. Insurance companies will find it difficult to refute the story portrayed by medical records.

Depending on your state's laws and the policies of your doctor, you may have limited time to request medical documents from healthcare providers. This is the reason why you should contact your lawyer whenever you can following an accident. 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 access your medical records. Insurance companies constantly look for evidence that could suggest your injuries might not be as severe as you claim or have a pre-existing condition.

Your lawyer will use your medical records to prepare a demand letter which will include evidence to justify the damages you are seeking. Your lawyer should only supply the relevant medical records to your insurance company. They may ask you to authorize them to access your entire 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 produced each time a law enforcement officer responds to an emergency or accident, such as car accidents. Although they aren't admissible in the courts of law (they are considered to be hearsay) they can provide valuable information to attorneys when they are conducting investigations and preparing cases.

A police report is an objective view of what happened during the crash, Auto Accident based upon witness statements and the officer's observations about the vehicle's damage, weather conditions, drivers and more. It's a vital evidence that can aid you in winning a lawsuit in a car accident.

You can usually request a copy from the precinct who handled the investigation. Contact their non-emergency number and provide a receipt or an incident number to prove your identity. The police department may have a website on which you can request copies online.

You'll need to file a suit against the driver who was at fault when your medical bills, lost wages, and property damage exceed the amount of. The police report can be a useful tool in settlement negotiations, particularly in cases where you can show that the other driver was largely at fault based on the officer's observations. However, many cases reach a settlement without ever going to trial. It can take time to go through the steps before trial and your case might not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the details they need from you and the investigation into the accident and investigation, they will make an offer of settlement. They will enter all the information and facts into a computer program to create their initial offer. They will most likely be able to come up with a figure which is lower than what you calculated based on your research. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They'll be looking to reduce the amount they pay in medical bills and other damages. You can counter by pointing out the many ways that your injuries will negatively impact your life in the near future. For instance, you can you can highlight the mounting medical bills and lost earning potential, as well as the mental and physical pain you're experiencing.

Your lawyer or you will create a demand letter and then present it to the insurance company. It should include all the evidence you've collected and include witness statements, photographs of your injuries and any documentation supporting your losses. You will also create a list of the non-negotiables that will keep the insurance company from undervaluing your claim. When an agreement is reached and ratified, it will be included in an agreement to settle in writing. It's common for a back-and-forth to occur during these negotiations, but remaining patient will help you reach an acceptable settlement.

Legal Advice

The next stage of the car lawsuit involving an accident is discovery, where both sides exchange information and evidence. Parties may request medical records and police reports and witness statements. The parties will also exchange interrogatories which are written inquiries that have to be answered under an oath within certain times. Your attorney will also record the severity of the physical mental, emotional, or psychological traumas you've suffered in addition to any other damages which could be sought, including the current and anticipated medical expenses, property damage, and lost wages.

Your lawyer will also confer with experts, such as medical experts mechanics, engineers and mechanics. These experts can help the jury to get a clear picture of your injuries and accident.

Your lawyer will begin negotiations with insurance companies in order to try to resolve your claim without trial. However, if the insurance company offers you a low amount of money or fails to take your injuries and other damages into consideration, your case will likely progress to trial.

While only a few cases get to trial, it is crucial for victims to file a lawsuit as soon as they can. With time, memories fade, witnesses pass away and evidence is lost and it becomes more difficult to make a strong claim for maximum compensation. You must also follow your state's statute of limitations that can range from 1 to 6 years.