Phases of an Auto Accident Lawsuit

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

The procedure varies depending on the case, however, it generally begins with filing an action. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are an essential element of any auto accident lawyers accident lawsuit. They will aid jurors or judges know how the injury impacted your life, including the emotional, physical and financial cost of your injuries. Insurance companies will be unable to dispute the story told by medical records.

You might only have a limited period of time, based on the laws of your state and the guidelines of your physician, to obtain medical records. You should speak with your lawyer as soon after an accident as it is possible. The law protects your access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your attorney can view your medical records. Insurance companies are generally keen to uncover anything that could indicate that your injuries were not pre-existing or not as severe as you think.

Your lawyer will use the medical records that you supply to write an order letter that will include evidence in support of the damages you are seeking. It is crucial that your lawyer only provide relevant medical documents to the insurance company because they could ask you to sign an authorization that permits them to access all your medical records. This is not in your best interest since it could expose past injuries that aren't connected to the present claim.

Reports of the Police

When a police officer responds to a call for help, including an accident, he or she produces a report. Even though they aren't admissible in court (they are considered hearsay) they can provide valuable information to attorneys when investigating an accident and preparing an argument.

A police report provides an objective account of the incident, based on the witness' testimony as well as the officer's observations of the weather conditions, drivers, and other elements. It's a vital piece of evidence that can aid you in winning a lawsuit for car accidents.

You can typically request a copy from the precinct who handled the investigation. Call their emergency line and provide an invoice or an incident number to prove your identity. You can also request copies of police reports through the website of the police department.

You will need to file a suit against the driver at fault when your medical bills, lost wages, and property damage have reached an amount. The police report can prove to be a helpful tool during settlement negotiations, especially if you can prove that the other driver was at fault based on the officer's observations. Many cases end up reaching a settlement without ever going to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until one year after you file it.

Insurance Company Negotiations

Once an adjuster has all the information they need from you and the investigation into the car accident and investigation, they will make an offer of settlement. To create their initial offer, they'll input all the details and facts into the computer program. They'll most likely arrive at a figure that is much lower than the one you calculated based on your investigation. When insurance companies make settlement offers, they have their own financial interest in the back of their heads.

They'll want to limit the amount they'll need pay for your medical expenses and other damages. You can fight back by pointing out the ways in which your injuries will affect your life in the coming years. You could, for instance you can highlight the mounting medical bills and the loss of earnings potential, as well as the mental and physical suffering you're experiencing.

Your lawyer or attorney will prepare a demand form and present it to the insurance company. This letter should include all of the evidence that you've collected, including witnesses' statements and photographs of your injuries. Additionally, you should create an inventory of non-negotiables in order to ensure that the insurance company is not undervaluing your claim. Once an agreement is reached the settlement agreement written will reflect it. Negotiations can be a back and forth process, but perseverance will aid in achieving a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, in which both parties exchange information and library.kemu.ac.ke evidence. Parties may seek medical records and police reports, as well as witness statements. The parties can also exchange interrogatories which are written questions that have to be answered under an oath within certain times. Additionally, your attorney will document the extent of your physical emotional and mental injuries and the additional damages you might seek compensation for that are incurred, such as future medical expenses, property damage and lost wages.

Your lawyer will also talk with experts like medical specialists mechanics, engineers and mechanics. These experts will aid in painting a an appealing image of your crash and the injuries you sustained for the jury.

Finally, your attorney will begin negotiations with insurance companies in order to attempt to settle your claim without trial. If the insurance company doesn't provide you with a fair settlement or doesn't take into consideration your injuries and other damages, your case will likely go to trial.

While only a few cases go to trial, it is important for victims to begin a lawsuit as soon as they can. The memories fade, witnesses die and evidence can disappear in time making it more difficult to make a strong case for the maximum amount of compensation. It is also important to adhere to the statute of limitations in your state which can range from 1 to 6 years.