Phases of an auto accidents Accident Lawsuit

Medical bills, property damage and lost wages may be substantial after a car accident. A knowledgeable attorney can help to get the compensation you require.

The procedure varies from case-to-case, but generally starts by filing an action. The discovery phase, trial, and appeals follow.

Medical Records

Medical records are an essential element in any auto accident law firm accident lawsuit. They will help a jury or judge determine how the accident has affected your life, as well as the physical, emotional and financial consequences of your injuries. Insurance companies will be unable to challenge the narrative told by medical records.

Depending on your state's laws and the policies of your doctor In some states, you'll have limited time to request medical documents from healthcare providers. You should speak with your lawyer as soon following an accident as you can. The law protects your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones who can view your medical records. Insurance companies are often keen to uncover anything that could suggest that your injuries were pre-existing or not as severe as you think.

Your lawyer will utilize the medical records you provide to draft the letter of demand that will include evidence in support of the damages you are seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They might ask you to authorize them to access your complete medical record. This is not in your best interests since it could reveal previous injuries that are not related to the current claim.

Police Reports

Every time a police officer responds to a call for help, which could include an accident, he or she makes a police report. While they cannot be used in a court of law (they are considered to be hearsay) They are a valuable source of information for attorneys who are investigating and preparing their cases.

A police report is an objective assessment of what transpired in the crash, based on witness statements and the officer's observations about the vehicles' damage the weather, the drivers, and so on. It's a vital piece of evidence that could aid in winning an auto accident lawsuit.

Usually, you can request a copy of your police report from the local police department that was responsible for the investigation by calling their non-emergency number and providing the receipt or incident number to identify the report. The police department might have a website on which you can request copies of records online.

After your medical expenses and property damage as well as lost wages exceed an amount that is a certain amount, you'll need to make a claim against the at-fault driver. The police report can prove to be a helpful tool in settlement negotiations, particularly when you can prove that the other driver was largely at fault, based on an officer's observations. Many cases are settled without going to trial. It may take some time to work through the pre-trial procedures and your case might 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 extend an offer of settlement. They will then input all the information and facts into a software program to generate their initial offer. They will most likely produce a number which is lower than what you calculated based on your investigation. When insurance companies offer settlement offers, they have their own financial interest in the back of their heads.

They'll want to limit the amount they'll have to pay for medical bills and other damage. You can counter by pointing out all the ways that your injuries will impact your life in the future. For instance, you can highlight your growing medical bills and your lost earning potential, as as the mental and physical pain you're experiencing.

Your attorney or you will then draft the letter of demand and submit it to an insurer. This letter should include all of the evidence that you've gathered, including witness statements and photos of your injuries. Also, you'll make the list of the items you cannot negotiate, so you can deter the insurance company from undercutting you. After an agreement has been reached and the written settlement contract will reflect it. Negotiations are often a back and forth affair, but being patient can aid in achieving an equitable settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery. During this process, the parties exchange information and evidence. Parties can request medical records, police reports, as well as witness statements. The parties may also exchange interrogatories that are written questions which have to be answered on oath within a certain time. Your attorney will also write down the severity of physical mental, emotional, or psychological injuries you have suffered, as well as any other damages that could be sought, like future and current medical expenses along with property damage, lost wages.

Your lawyer will consult with other experts, including mechanics, medical professionals, and engineers. They will help paint a an accurate image of the accident and the injuries you sustained for the jury.

Finally, your attorney will begin negotiations with insurance companies to try to resolve your claim without trial. However, if the insurance company offers a small settlement or fails to take your injuries and other damages into consideration the case will proceed to trial.

Although a small percentage of cases make it to trial, it is important for victims to file a lawsuit as soon as they can. Memories fade, witnesses can die and evidence can disappear in time and it becomes difficult to establish a compelling case for maximum compensation. You must also follow the statute of limitations for your state which can vary from 1 to 6 year.