Phases of an Auto Accident Lawsuit

Car crash injuries could result in significant medical bills, property damage, and even lost wages. An experienced lawyer can assist you in obtaining the amount you are due.

The procedure varies from case to case, however, it generally begins with filing an action. The discovery phase, trial, and auto accident Attorneys any appeals follow.

Medical Records

Medical records are an important part of any auto accident law firms accident lawsuit. They will assist the judge or jury understand how the injury has affected your life, including the physical, emotional and financial costs of your injuries. Insurance companies will have a hard time to refute the story portrayed by medical records.

According to the laws of your state and the policy of your doctor depending on your state's laws and your doctor's policy, you could have only a short amount of time to request medical records from your healthcare provider. This is why you should contact your lawyer as soon as possible after an accident. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these medical records. However, this doesn't mean that only you or your lawyer are able to view your medical records. Insurance companies will often try to look for anything that could suggest your injuries were pre-existing or not so severe as you say.

Your lawyer will utilize the medical records you provide to create an order letter that will include evidence in support of the damages you are seeking. Your lawyer should only give the relevant medical documents to your insurance company. They may require you to give them permission to access your complete medical record. This is not in the best interest of your claim, as it could reveal injuries from the past that are not related to the claim.

Police Reports

Police reports are prepared every time a law enforcement officer responds to an emergency call and also car accidents. Although they're not admissible in court (they are considered to be hearsay) however, they provide important information to attorneys when investigating an incident and preparing the case.

A police report is an objective account of what transpired in the crash, based upon witness statements and observations regarding the damage to the vehicle and weather conditions, drivers, and so on. It is a crucial piece of evidence that can assist you in winning an auto accident law firms accident lawsuit.

You can typically request a copy of the records from the precinct who handled the investigation. Call their non-emergency phone number and provide the receipt or incident number as proof of identification. The police department may have a website on which you can request copies online.

You'll need to file a lawsuit against the driver who was at fault once your medical bills, lost wages, and property damage have reached an amount. The police report can be an effective tool in settlement negotiations, particularly in cases where you can show that the other driver was at fault based on the officer's observations. Many cases are settled without having to go to trial. It may take some time to go through the pre-trial process and your case might not be resolved for a year or more.

Insurance Company Negotiations

After the adjuster has all of the information they require from you and your vehicle accident investigation, he will make an offer for settlement. To make their first offer, they will enter all the information and details into an application on computers. Most likely, they will produce a significantly smaller amount than you anticipated 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 how much they will have to pay for medical bills and other damages. You can fight back by pointing out all the ways your injuries will impact your life going forward. For instance, you can point to your mounting medical bills, your decreased earning capacity and the physical and emotional suffering you're going through.

You or your lawyer will then draft a demand letter and send it to the insurance company. This letter should include all of the evidence that you have gathered including witness statements and photos of your injuries. You should also create a list of your non-negotiables so you can stop the insurance company from negotiating with you. Once you have reached an agreement it will be documented in the form of a written settlement agreement. Negotiations can be a back and forth process, but remaining patient will aid in achieving an equitable settlement.

Legal Advice

The next stage of the car lawsuit involving an accident is discovery, in which both sides exchange information as well as evidence. Parties may request medical records, police reports, and witness statements. They can also send another interrogatories (written questions that have to be answered under oath by the expiration of a specific time). Your attorney will also record the extent of physical emotional, psychological, and physical injuries you've suffered, auto accident Lawyer in addition to any other damages that could be sought, like the amount of medical expenses you are currently and in the future, property damage, and lost wages.

Your lawyer will talk to other experts, such as medical specialists, mechanics, and engineers. These experts can help the jury to get clear information about your accident and injuries.

Then, your lawyer will begin discussions with insurance companies to try to settle your claim with out a trial. However, if the insurance company provides you with an unsatisfactory settlement or does not take your injury and other damages into consideration the case will go to trial.

It is essential that victims file a suit as soon as they can even though very few cases make it to court. Memories fade, witnesses disappear, and evidence could be lost in time and make it difficult to make a strong case for the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which could range from 1 to 6 years.