Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages can be significant following an auto accident lawyers accident. An experienced attorney can assist you in getting the amount you are due.

The process can vary from case to case, but generally, it begins with the filing of an action. Then follows the discovery phase, trial and any appeals.

Medical Records

Medical records are an important component of any auto accident law firm accident lawsuit. They will aid the judge or jury determine how the accident has affected your life, as well as the emotional, physical and financial cost of your injuries. Insurance companies will have a hard time to argue with the information provided by medical records.

You might only have a limited amount of time, depending on the laws of your state and the policy of your doctor, to request medical records. This is the reason why you should consult with a lawyer as soon as you can following an accident. The law protects your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones able to examine 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 make use of your medical records to prepare a demand letters, which will contain evidence to justify the damages you seek. Your lawyer must only provide the relevant medical records to your insurance company. They might require you to give them permission to access your complete medical record. This is not in your best interests as it could reveal past injuries that aren't directly related to the current claim.

Police Reports

When a police officer responds to a call for help, which could include an accident, he creates a police report. Even though they aren't admissible in court (they are considered hearsay) however, they provide valuable information to attorneys when investigating an accident and preparing a case.

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

You can usually request a copy from the precinct who handled the investigation. Call their non-emergency phone number and provide an invoice or an incident number as identification. The police department might have a website where you can request copies online.

You will need to file a suit against the driver who was at fault once your medical bills, lost wages, and property damage exceed a certain value. The police report can be a valuable tool in settlement negotiations, particularly when you can prove the other driver's responsibility from the evidence provided by the officer. Many cases end up reaching an agreement without ever going to trial. It can take a while to go through the pre-trial steps and your case may not be resolved for a long time.

Insurance Company Negotiations

When the adjuster has all of the information they need from you and your vehicle accident investigation, they will make an offer to settle. They will input all the facts and details into a software program to make their initial offer. Most likely, they'll arrive at a smaller number than what you estimated from your study. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll want to reduce the amount they'll have to pay for medical bills and auto Accident other damage. You can counter by highlighting the many ways that your injuries will negatively impact your life in the future. You could, for instance, point out your mounting medical bills, your diminished earnings potential, as well being aware of the physical and mental suffering you are experiencing.

You or your lawyer will then prepare a demand letter and then present it to the insurer. This letter should include all of the evidence that you've gathered such as witness statements and photos of your injuries. You should also make an outline of the things you will not negotiate to prevent the insurance company from undervaluing your claim. If an agreement is reached it will be documented in the form of a written settlement agreement. It's not uncommon for back-and-forth to take place during these negotiations, but staying patient will help you achieve an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which the parties exchange information and evidence. Parties can request medical records and police reports, as well as witness statements. They will also send the other interrogatories (written questions that need to be answered under oath before the end of a specified time). Additionally the attorney will also document the extent of your physical emotional and mental injuries and the additional damages you might seek compensation for, including existing and projected future medical costs, property damage, and lost wages.

Your lawyer will also consult with experts such as medical professionals mechanics, engineers, and mechanics. These experts can help the jury get an accurate picture of the injuries and accidents you sustained.

Finally, your attorney will begin discussions with insurance companies to attempt to settle your claim without a trial. If the insurance company is unable to offer a fair settlement, or does not consider your injuries and other losses, your case will likely be heard in court.

It is essential that victims file a suit as soon as they can, even if only a handful of cases get to the courtroom. With time, memories fade, witnesses pass away, and evidence disappears and it becomes more difficult to make a strong claim for the most compensation. It is also important to adhere to the statute of limitations for your state that can range from 1 to 6 year.