Phases of an Auto Accident Lawsuit

Damage to property, medical bills, and lost wages can be significant after an auto accident lawsuits accident. An experienced attorney can help you receive the compensation that you need.

The process is different from case to case, but generally starts by filing an action. This is followed by the discovery phase along with any appeals.

Medical Records

Medical records are an essential part of any auto accident attorneys accident case. They will assist a judge or jury comprehend the impact of the injury on your life. This includes the financial, emotional physical, and emotional costs. Insurance companies will be unable to dispute the story told by medical records.

You might only have a particular period of time, based on the laws in your state and the policy of your doctor, to request medical records. This is why it is important to speak with your lawyer immediately following an accident. Health Information Portability and Accountability Act, or HIPAA, protects your right to access these medical records. This does not mean you or your lawyer are the only ones to look over your medical records. Insurance companies are always looking for evidence that might suggest your injuries may not be the severity you claim or Auto Accident Lawsuits if you have pre-existing injuries.

Your lawyer will make use of the medical records you provide to prepare the letter of demand, which will include evidence in support of the damages you want. It is imperative to ensure that your lawyer provides relevant medical documents to the insurance company as they may ask you to sign an authorization that allows them to access all of your medical records. This is not in your best interests since it could reveal previous injuries that aren't related to the present claim.

Police Reports

Each time a police officer responds to a request for assistance, or an accident, auto accident Lawsuits he prepares a police report. Even though they're not admissible in court (they are deemed to be hearsay) however, they provide important information to attorneys when conducting an investigation and preparing an argument.

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

Typically you can request a copy your police report from the police station that handled the investigation by calling their non-emergency number and supplying the receipt or incident number to identify the report. The police department may have a website on which you can request copies online.

When your medical bills as well as property damage and lost wages reach an amount you can afford, you'll need to bring a lawsuit against the driver who is at fault. The police report can be an effective tool in settlement negotiations, especially in cases where you can show that the other driver was at fault based on the officer's observations. Many cases are settled without having to go to trial. The pre-trial process can be long and your case might not be resolved until a year after filing it.

Insurance Company Negotiations

Once the adjuster has all of the details they require from you and your automobile accident investigation, they'll make a settlement offer. They will enter all the information and facts into a program that will create their initial offer. They'll probably come up with a number which is significantly lower than the number you calculated based on your study. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll wish to limit the amount they are required to pay for medical bills and other damages. You can fight back if point out how your injuries will negatively affect your life in future. For instance, you could highlight your growing medical bills, your lost earning capacity and the emotional and physical pain that you're currently experiencing.

Your lawyer or you then prepare a demand letter and then present it to the insurer. It should include all the evidence you've gathered, including witness statements, photographs of your injuries, and any evidence to support your losses. Also, you'll make the list of your non-negotiables, so you can deter the insurance company from under-pricing you. Once an agreement has been reached the settlement agreement written will reflect it. Negotiations are usually back and forth affair, but perseverance will help you achieve an equitable settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery, where both sides exchange information and evidence. Parties may request medical documents, police reports or witness statements. The parties can also exchange interrogatories that are written questions that have to be answered under an oath within the time limit. Additionally the attorney will also document the extent of your physical, emotional and psychological injuries in addition to the other damages you may seek to compensate for such as current and anticipated future medical expenses, property damage and lost wages.

Your lawyer will talk to other experts, like mechanics, medical experts and engineers. These experts will help paint a vivid picture of your crash and the injuries you sustained for the jury.

Your lawyer will then begin discussions with insurance companies in order to settle your case without a trial. If the insurance company is willing to offer you a low settlement or does not take your injury and other damages into account your case is likely to proceed to trial.

It is vital that victims file a suit as soon as they can, even though only a few cases are heard in court. Memory fades, witnesses die and evidence can disappear over time and make it difficult to build a strong case to get the maximum amount of compensation. Additionally, you must comply with the statute of limitations in your state, which can range from 1 to 6 years.