Phases of an Auto Accident Lawsuit

Car crash injuries can lead to significant medical bills, property damage and lost wages. An experienced attorney can help to get the compensation you require.

The procedure varies from case to case but generally starts by filing an action. This is followed by the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an important part of any auto accident lawyer accident lawsuit. They can assist jurors or judges to understand the impact of the accident on your life. This includes the financial, emotional, and physical costs. Insurance companies will have a hard time to challenge the narrative told by medical records.

According to the laws of your state and your doctor's guidelines depending on your state's laws and your doctor's policy, you could have a limited amount of time to request medical records from healthcare providers. This is why you should contact your lawyer as soon as possible after an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA ensures that you have the right to access these medical records. However, this does not mean that you or your lawyer are the only ones who are able to examine your medical records. Insurance companies constantly look for evidence that might suggest your injuries might not be as serious as you claim or pre-existing.

Your lawyer will make use of the medical records you provide to prepare a letter of demand that will include evidence supporting the damages you seek. It is imperative that your lawyer only send relevant medical records to the insurance company, because they could ask you to sign an authorization that allows them to access all your medical records. This is not in your best interests because it could reveal prior injuries that aren't related to the current claim.

Police Reports

Police reports are created each time a police officer responds to an emergency call, including car accidents. While they cannot be used in a court of law (they are deemed to be hearsay) they can provide valuable information to attorneys when they are investigating and preparing their cases.

A police report provides an independent account of the crash which is based on the witnesses' testimony and the officer's observations regarding the weather conditions, drivers, and other aspects. It's a vital piece of evidence that could assist you 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 it. You can request copies of the report through the police department's website.

You will need to file a lawsuit against the driver responsible after your medical expenses along with lost wages and damages to property reach an amount. The police report is an important tool in settlement negotiations, particularly if you can prove the other driver's negligence in the light of observations made by the officer. A lot of cases are settled without going to trial. The pre-trial process can be long and your case might not be resolved until one year after filing it.

Insurance Company Negotiations

Once an adjuster has all of the information they require from you as well as the car accident investigation is complete, they will offer an offer for settlement. They will then input all the facts and details into a program that will generate their initial offer. They'll probably come up with a number that is much lower than the one you calculated based on your investigation. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to limit the amount they have to pay for your medical expenses and other damage. You can fight back by highlighting all the ways that your injuries will affect your life in the coming years. For example, you can point to your mounting medical bills, the loss of earnings capacity and the emotional and physical suffering you're going through.

Your attorney or you then draft the letter of demand and submit it to an insurer. This will include all the evidence you've collected and include witness statements, photos of your injuries, and any documentation supporting your losses. Also, you will create a list of non-negotiables to stop the insurance company from undervaluing your claim. If an agreement is reached and ratified, it will be included in an agreement for settlement in writing. It's normal for a back and forth to occur during these negotiations, but remaining in the moment will help you get a fair settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery, Auto accident Lawsuit in which both parties exchange information and evidence. The parties may seek medical records, police reports and witness statements. They can also send another interrogatories (written questions that need to be completed under oath at the deadline). Additionally your lawyer will record the extent of your physical emotional and psychological traumas and the additional damages you may seek compensation for that are incurred, such as future medical costs, property damage, and lost wages.

Your lawyer will talk to other experts like mechanics, medical experts and engineers. These experts will help paint an accurate image of the accident and the extent of your injuries to the jury.

Then, your lawyer will begin discussions with insurance companies to try to resolve your claim without trial. If the insurance company fails to offer a fair settlement or does not consider your injuries and Auto accident law Firm other damages your case will likely go to trial.

While a small number of cases do go to trial, it is vital for the victims to start a lawsuit as quickly as possible. Over time memories fade, witnesses die and evidence is lost which makes it more difficult to present a compelling case for maximum compensation. Plus, you must comply with the statute of limitations in your state, which can be anywhere from one to six years.