Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages can be substantial after an accident in the car. A knowledgeable attorney can help you receive the compensation you need.

The process can vary depending on the case, but generally, it begins with the filing of an action. Then follows the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an important element in any auto accident lawyer accident lawsuit. They can help jurors or judges know how the injury impacted your life, including the emotional, physical and financial costs of your injuries. Medical records will also reveal the story that insurance companies will have a tough to dispute.

In accordance with the laws of your state and your doctor's policy You may be granted the time to request medical records from healthcare providers. This is the reason why you should contact your lawyer as soon as possible after an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA is a law that protects your right to access these documents. However, this doesn't mean that you or your lawyer are the only ones to examine your medical records. Insurance companies constantly look for evidence that suggests your injuries might not be as serious as you claim or that you have a pre-existing condition.

Your lawyer will use your medical records in order to draft a demand letter, which will include evidence to justify the damages you are seeking. It is essential to ensure that your lawyer provides relevant medical records to the insurance company since they might ask you to sign a medical authorization that permits them to access all your medical records. This is not in your best interest since it could expose past injuries that aren't related to the present claim.

Police Reports

When a police officer responds to a call for help, which could include an accident, he or she prepares a police report. Although they cannot be admitted in a court of law (they are deemed to be hearsay) They are a valuable source of information to attorneys in the process of researching and preparing cases.

A police report provides an objective account of what transpired in the accident, based on witness testimony and observations by the officer regarding the damage to the vehicle and weather conditions, drivers, and so on. It is a crucial evidence that can assist you in winning an auto accident lawyer accident lawsuit.

You can usually request a copy from the precinct responsible for the investigation. Call their non-emergency phone number and provide the receipt or incident number as proof of identification. You can also request copies of records on the police department's website.

If your medical bills as well as property damage and lost wages exceed the amount of a certain amount, then you will need to start a lawsuit against the driver who is at fault. The police report can be an effective tool during settlement negotiations, especially if you can prove that the other driver was at fault, based on an officer's observations. But, many cases settle a settlement without ever going to trial. It can take time to go through the pre-trial steps and your case might not be resolved for a year or more.

Insurance Company Negotiations

After the adjuster has all of the information he needs from you as well as your car accident investigation, he will make an offer for settlement. They will input all the information and facts into a computer program in order to generate their initial offer. Most likely, they'll make a smaller amount than you anticipated using your research. It's important to remember that insurance companies have their own financial interest in mind when they decide on settlement offers.

They'll wish to limit the amount they pay in medical bills and other damages. You can fight back if you highlight how your injuries will impact your life in the coming years. You could, for auto accident lawsuit instance mention your increasing medical bills and lost earning potential, as as the physical and mental suffering you're feeling.

You or your attorney will then prepare an official demand letter and present it to an insurance company. This should include all the evidence you have collected including witness statements, photos of your injuries as well as any evidence to support your losses. You'll also prepare an outline of your non-negotiables to ensure you can keep the insurance company from lowballing you. When an agreement is reached and ratified, it will be included in an agreement for settlement in writing. It's not uncommon for back-and-forth to take place during these negotiations, but remaining patient will help you reach a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. Parties can request medical records, police reports, and witness statements. They will also send another interrogatories (written questions that need to be completed under oath at the deadline). In addition your lawyer will record the extent of your physical emotional and psychological traumas as well as the other damages that you could seek to compensate for in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will consult with other experts like medical specialists, mechanics, and engineers. These experts can help the jury get an accurate picture of your injuries and accident.

Your attorney will then begin negotiations with the insurance companies in order to resolve your case without trial. If the insurance company offers you a small settlement or does not take your injury and other damages into account the case will progress to trial.

It is vital that victims file a lawsuit as soon as possible, even though only a few cases will ever make it to the courtroom. With time memories fade, witnesses pass away, and evidence disappears which makes it more difficult to file a convincing claim for the highest amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which can be anywhere from one to six years.