Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages can be significant following an auto accident lawsuits accident. An experienced lawyer can help you in obtaining the amount you are due.

The process may differ from case to case but typically, it begins with the filing of the complaint. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are an important element of any auto accident lawyers accident lawsuit. They will aid jurors or judges comprehend how the accident impacted your life, including the physical, emotional and financial burdens of your injuries. Medical records will also provide an account that insurance companies will have a hard to argue.

You may only have a certain period of time, based on the laws of your state and the policy of your doctor, to request medical records. This is why you should discuss your legal needs as soon as you can following an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA, protects your right to access these medical records. This doesn't mean you or your lawyer are the only ones able to view your medical records. Insurance companies are generally keen to uncover anything that could suggest that your injuries are pre-existing or not as severe as you claim.

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

Police Reports

Police reports are generated every time a law enforcement officer responds to an emergency, auto accident including car accidents. While they cannot be used in the courts of law (they are deemed to be hearsay) they are valuable information to attorneys when they are researching and preparing cases.

A police report provides an independent account of the crash that is based on the witness' testimony as well as the officer's observations regarding the weather conditions, drivers, and other elements. It is an important piece of evidence that could help you win an auto accident lawsuit.

Typically you can request a copy your police report from the local police department that was responsible for the investigation by calling their non-emergency line and providing an incident or receipt to identify it. The police department might have a website where you can request copies online.

You'll need to file a suit against the person who caused the accident after your medical expenses along with lost wages and damages to property reach a certain value. The police report can be an effective tool in settlement negotiations, particularly when you can demonstrate that the other driver was largely at blame based on the officer's observations. Many cases are settled without going to trial. It may take some time to complete the pre-trial steps and your case may not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the data they require from you and the investigation into the car accident, they will extend an offer of settlement. To create their initial offer, they will enter all the information and details into an online program. They'll probably produce a number that's much lower than what you calculated from your research. It's important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll wish to limit the amount they will have to pay for medical bills and other damages. You can fight back when you mention the way your injuries will affect your life in future. You could, for instance highlight your growing medical bills and your lost earning potential, as well being aware of the physical and mental pain you're experiencing.

Your lawyer or you then draft a demand letter and auto Accident then present it to the insurer. This should include all the evidence you have collected such as statements from witnesses, photographs of your injuries, as well as documents supporting your losses. You'll also prepare the list of your non-negotiables, so you can prevent the insurance company from undercutting you. Once you have reached an agreement, it will be reflected in an agreement for settlement in writing. It's normal for a back and forth to take place during these negotiations, but remaining patient will help you achieve an equitable settlement.

Legal Advice

The next stage of the car lawsuit involving an accident is discovery. During this process, the parties exchange information and evidence. Parties may require medical records or police reports as well as witness statements. They can also send the other interrogatories (written questions that need to be answered under oath by expiration of a specific time). Your attorney will also record the extent of the physical psychological, emotional, and physical injuries you've sustained, in addition to any other damages that may be sought out, such as current and projected medical expenses or property damage, as well as lost wages.

Your lawyer will consult with other experts, including mechanics, medical professionals and engineers. These experts can help the jury get clear information about your injuries and accident.

Your attorney will then begin negotiations with insurance companies in order to settle your case without a trial. If the insurance company is unable to provide you with an equitable settlement or does not consider your injuries or other damages, your case is likely to be heard in court.

Although a small percentage of cases get to trial, it is vital for the victims to start a lawsuit as quickly as is possible. Over time, memories fade, witnesses pass away and evidence is lost and it becomes more difficult to establish a solid claim for the most compensation. It is also important to adhere to the statute of limitations for your state, which can vary from 1 to 6 year.