Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages could be substantial after an auto accident. An experienced lawyer can assist you receive the compensation you require.

The process may differ from case to case but usually starts with the filing of the complaint. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an essential element of any auto accident Law firm accident lawsuit. They will assist jurors or judges know how the injury had an impact on your life, including the emotional, physical and financial burdens of your injuries. Medical records will also tell an insurance company a story they will have a difficult to argue.

You might only have a limited period of time, based on the laws in your state and the policy of your doctor to request medical records. This is the reason you should contact your lawyer as soon as you can after an accident. The law protects your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones who are able to look over your medical records. Insurance companies are always looking for any sign that might suggest your injuries might not be the severity you claim or pre-existing.

Your lawyer will use your medical records in order to create a demand letter which will contain evidence to justify the damages you seek. Your lawyer should only give the relevant medical records to your insurance company. They might ask you to authorize them to access your complete medical record. This is not in your best interests because it could reveal prior injuries that aren't connected to the present claim.

Reports of Police

Police reports are generated every time a law enforcement officer responds to an emergency, including car accidents. Even though they aren't admissible in court (they are deemed to be hearsay) They can provide important information to attorneys when investigating an accident and preparing the case.

A police report provides an objective report of what transpired in the accident, based on witnesses' testimony and observations by the officer about the vehicles' damage and weather conditions, drivers and more. It's a vital piece of evidence which can assist you in winning an auto accident lawsuit.

Typically, you can request a copy your police report from the precinct which was responsible for the investigation by calling their emergency number and auto Accident law firm supplying an invoice or incident number to identify it. You can also request copies of police reports through the police department's website.

After your medical bills or property damage, as well as lost wages exceed an amount that is a certain amount, you will need to start a lawsuit against the at-fault driver. The police report is a valuable tool in settlement negotiations, especially in cases where you can prove other driver's responsibility from the evidence provided by the officer. Many cases are settled without having to go to trial. Pre-trial proceedings can take a long time and your case might not be resolved until one year after you file it.

Insurance Company Negotiations

Once the adjuster has all the details they require from you and your car accident investigation, they'll make an offer for settlement. They will then input all the information and facts into a software program to create their initial offer. Most likely, they'll come up with a much lower number than you calculated based on 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 will want to limit how much they are required to pay for medical bills and other damages. You can fight back if you point out the way your injuries will affect your life in the near future. For instance, you could highlight your growing medical bills and the loss of earning potential, as well as the physical and mental pain you're experiencing.

Your lawyer or you will prepare a demand form and send it to the insurer. It will contain all the evidence you've gathered such as witness statements, photos of your injuries as well as any documents that support your losses. Also, you'll make a list of the items you cannot negotiate, so you can stop the insurance company from undercutting you. If an agreement is reached the agreement will be recorded in the form of a written settlement agreement. Negotiations are often a back and forth, however perseverance will assist you in negotiating an equitable settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery, where the parties exchange information and evidence. The parties can seek medical records, police reports and witness statements. They may also send another interrogatories (written questions that must be answered under oath by deadline). Your attorney will also document the severity of the physical psychological, emotional, and physical injuries you've suffered, as well as any other damages that may be sought out, such as the amount of medical expenses you are currently and in the future, property damage, and lost wages.

Your lawyer will confer with other experts, including mechanics, medical professionals and engineers. These experts can assist the jury to get an accurate picture of the injuries and accidents you sustained.

Then, your lawyer will begin negotiations with insurance companies to attempt to settle your claim without a trial. If the insurance company offers you an unsatisfactory settlement or fails to take your injuries and other damages into account the case could proceed to trial.

It is crucial that victims file a lawsuit as soon as possible, even if only a handful of cases make it to the courtroom. The memories fade, witnesses disappear and evidence may be lost in time making it more difficult to build a strong case for the maximum amount of compensation. You must also follow the statute of limitations for your state that can range from 1 to 6 year.