Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages may be significant following an auto accident. An experienced lawyer can help you receive the compensation you require.

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

Medical Records

Medical records are an important part of any auto accident lawsuit. They can assist a judge or jury understand the impact of the injury on your life. This includes the emotional, financial physical, and emotional costs. Insurance companies will be unable to argue with the information provided by medical records.

According to the laws of your state and the policies of your doctor depending on your state's laws and your doctor's policy, Auto Accident you could have the time to request medical records from healthcare providers. You should speak with your lawyer as soon following an accident as it is possible. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these documents. However, this doesn't mean that only you or your lawyer are able to examine your medical records. Insurance companies will often try to look for anything that could suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will use the medical information you provide to prepare the letter of demand, which will include evidence supporting the damages you want. Your lawyer should only supply the relevant medical documents to your insurance company. They might request you to allow them to access your entire medical record. This is not in your best interest because it could reveal prior injuries that aren't directly related to the present claim.

Police Reports

Police reports are produced each time a law enforcement officer responds to an emergency for example, car accidents. Although they're not admissible in court (they are considered to be hearsay) they can provide important information to attorneys when investigating an accident and preparing an argument.

A police report is an objective view of what happened in the accident, based on witnesses' testimony and observations by the officer regarding the damage to the vehicles, weather conditions, drivers and more. It's a vital piece of evidence that could aid you in winning an auto accidents accident lawsuit.

Usually, you can request a copy of your police report from the local police department that handled the investigation by calling their non-emergency phone number and providing the receipt or incident number to identify it. The police department may have a website where you can request copies of your records online.

You'll need to file a lawsuit against the driver responsible once your medical bills or lost wages property damage have reached a certain value. The police report can be an important tool in settlement negotiations, especially when you can prove the other driver's fault in the light of observations made by the officer. In many cases, however, the parties reach an agreement without going to trial. The pre-trial process can be long and your case may not be resolved until a year after filing it.

Insurance Company Negotiations

When the adjuster has all the details they require from you and your vehicle accident investigation, they'll make a settlement offer. To generate their first offer, they will enter all the information and details into the computer program. Most likely, they'll arrive at a less than the amount you calculated based on your investigation. When insurance companies offer settlement offers, they've got their own financial interests in mind.

They'll want to reduce the amount they'll need pay for your medical bills and other damage. You can fight back if highlight the way your injuries will affect your life in the near future. For example, you can point to your mounting medical bills, your decreased earning capacity and the emotional and physical suffering you're suffering.

Your attorney or you will create an order letter and submit it to an insurance company. The letter should include all the evidence you've collected, including witnesses' statements and photographs of your injuries. Additionally, you should create a list of the non-negotiables that will stop the insurance company from undervaluing your claim. Once an agreement is reached the written settlement agreement will reflect it. Negotiations are usually back and forth, however being patient can assist you in negotiating a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which both parties exchange information and evidence. Parties can require medical records or police reports and witness statements. The parties will also exchange interrogatories, which are written questions which have to be answered on an oath within certain times. Additionally your attorney will provide documentation of the extent of your physical, emotional and psychological injuries as well as the other damages you could seek to compensate for, including existing and projected future medical expenses, property damage and lost wages.

Your lawyer will also consult with experts, such as medical experts mechanics, engineers and mechanics. These experts will aid in painting a an appealing image of your crash and the extent of your injuries to the jury.

Your attorney will then start discussions with insurance companies in order to resolve your case without trial. If the insurance company offers a small settlement or fails to take your injuries and other damages into consideration your case is likely to go to trial.

It is important that victims file a suit as soon as they can, even if only a handful of cases are heard in court. As time passes, memories fade, witnesses pass away and evidence is lost, making it more difficult to make a strong claim for maximum compensation. Plus, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.