Phases of an Auto Accident Lawsuit

Car crash injuries can lead to 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 is different from case to case however, it generally begins with filing an action. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an important part of any auto accidents accident lawsuit. They will help jurors or judges know the effects of the injury on your life. This includes the emotional, financial physical, and emotional costs. Insurance companies will find it difficult to argue with the information provided by medical records.

Depending on your state's laws and the policy of your doctor, you may have limited time to request medical records from your healthcare provider. This is why you should discuss your legal needs as soon as you can after an accident. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones who are able to examine your medical records. Insurance companies are always looking for any sign that suggests your injuries may not be as severe as you claim or pre-existing.

Your lawyer will use the medical records you provide to create the letter of demand, which will include evidence supporting 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 complete medical record. This is not the best option for your claim as it may reveal injuries from the past that are not related to the claim.

Reports of the Police

Every time a police official responds to a request for help, which could include an accident, he or she prepares a police report. Although they're not admissible in court (they are considered to be hearsay) they can provide valuable information to attorneys when investigating an auto accident law firms and preparing the case.

A police report offers an impartial account of the accident from the witness' testimony and the officer's observations of the weather conditions, drivers, and other aspects. It is a crucial evidence that can aid you in winning a car accident lawsuit.

Typically you can request a copy your police report from the precinct that was responsible for the investigation by calling their emergency number and providing an invoice or incident number to identify it. The police department might have a website on which you can request copies of the records online.

You'll need to file a suit against the driver who was at fault once your medical bills along with lost wages and property damage have reached a certain value. The police report is a valuable tool in settlement negotiations, especially when you can establish the other driver's fault through the observations of the officer. Many cases are settled without going to trial. The pre-trial process can be long and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

When the adjuster has all of the information he needs from you and your automobile accident investigation, he will make a settlement offer. To create their initial offer, they'll input all the information and details into a computer program. They'll probably produce a number which is significantly lower than the number you calculated based on your study. 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 the amount they'll need to pay for your medical expenses and other damage. You can counter by pointing out all the ways your injuries could affect your life in the near future. You could, auto accident lawsuit for instance highlight your growing medical bills and lost earnings potential, as well being aware of the physical and mental suffering you are experiencing.

Your lawyer or you then prepare a demand letter and submit it to the insurer. It will contain all the evidence you've collected such as witness statements, photographs of your injuries as well as any documentation supporting your losses. Additionally, you should create a list of non-negotiables to prevent the insurance company from undervaluing your claim. If an agreement is reached it will be documented in an agreement to settle in writing. Negotiations are often a back and forth process, but staying patient will assist you in negotiating a fair settlement.

Legal Advice

The next phase in the car accident lawsuit is discovery, during which both parties exchange information and evidence. Parties can seek medical records and police reports as well as witness statements. The parties will also exchange interrogatories that are written questions which have to be answered on an oath within certain times. In addition your lawyer will record the extent of your physical emotional and psychological injuries and the additional damages that you could be seeking to recover such as current and anticipated future medical costs, property damage, and lost wages.

Your lawyer will also consult with experts like medical specialists as well as mechanics and engineers. These experts can assist the jury to get clear information about the injuries and accidents you sustained.

Your lawyer will then start discussions with insurance companies in order to resolve your case without trial. If the insurance company is unable to offer you an acceptable settlement or does not take into account your injuries and other damages, Auto Accident Lawsuit your case will likely go to trial.

Although a small percentage of cases go to trial, it is crucial for victims to begin a lawsuit as soon as possible. The memories fade, witnesses disappear and evidence may be lost as time passes making it more difficult to establish a compelling argument for the most compensation. Plus, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.