Phases of an Auto Accident Lawsuit

Car crash injuries could result in significant medical bills, property damage and lost wages. An experienced lawyer can help you get the compensation you require.

The process may differ depending on the case, but generally it starts with the filing of an action. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an essential component of any auto accident lawyer accident lawsuit. They will assist a judge or jury understand the impact of the injury on your life. This includes the financial, emotional physical, and emotional expenses. Medical records will also provide an account that insurance companies will have a difficult to argue.

Depending on your state's laws and your doctor's policy, you may have the time to request medical records from healthcare providers. Consult with your lawyer as soon after an accident as is possible. Health Information Portability and Accountability Act (HIPAA) HIPAA ensures that you have the right to access these documents. This doesn't mean you or your lawyer are the only ones who are able to look over your medical records. Insurance companies are always looking for evidence that might suggest that your injuries aren't as severe as you claim or that you have a pre-existing condition.

Your lawyer will use the medical information that you supply to write the letter of demand, which will include evidence to support the damages you're seeking. It is crucial that your lawyer only provides relevant medical documents to the insurance company as they may ask you to sign a medical authorization that allows them to access all your medical records. This is not the best option for your claim as it may reveal past injuries not related to this claim.

Reports of the Police

Police reports are created each time a law enforcement officer responds to an emergency call, including car accidents. Although they cannot be admitted in a court of law (they are deemed to be hearsay) they can provide valuable information to attorneys in the process of researching and preparing cases.

A police report provides an objective account of the accident which is based on the witnesses testimony of the officer and his observations regarding the weather conditions, drivers, and other aspects. It is a crucial piece of evidence that can aid you in winning an auto accident law firms accident lawsuit.

You can usually request a copy from the police precinct that handled the investigation. Call their emergency line and provide the receipt or incident number for identification. You can request copies of the report through the police department's website.

After your medical expenses or property damage, as well as lost wages reach the amount of a certain amount, then you will need to make a claim against the driver who is at fault. The police report can be an effective tool in settlement negotiations, particularly when you can demonstrate that the other driver was at fault based on the officer's observations. A lot of cases are settled without having to go to trial. It could take a long time to work through the pre-trial steps and your case may not be resolved for a long time.

Insurance Company Negotiations

After the adjuster has all the details they require from you and your car accident investigation, they will make an offer for settlement. They will enter all the facts and details into a software program to make their initial offer. They'll most likely arrive at a figure which is lower than what you calculated from your research. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to limit the amount they'll need pay for medical bills and other damages. You can counter by pointing out all the ways that your injuries will negatively impact your life in the near future. You could, for instance you can highlight the mounting medical bills and your lost earning potential, as well in the mental and physical suffering you're feeling.

You or your lawyer will then draft a demand letter and present it to the insurance company. The letter should include all the evidence you've gathered such as witnesses' statements and photographs of your injuries. You should also make a list of the non-negotiables that will stop the insurance company from undervaluing your claim. Once you have reached an agreement it will be documented in an agreement for settlement in writing. It's normal for a back-andforth to occur during these negotiations, but being in the moment will help you get a fair settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery, where both sides exchange information and evidence. Parties may request medical records and police reports as well as witness statements. The parties can also exchange interrogatories which are written questions which must be answered under oath within a certain time. Your attorney will also document the severity of the physical emotional, psychological, and physical traumas you've suffered in addition to any other damages that could be sought, including future and current medical expenses or property damage, as well as lost wages.

Your lawyer will talk to other experts, such as medical specialists, mechanics, and engineers. These experts can help the jury to get a clear picture of the injuries and accidents you sustained.

Your lawyer will then start discussions with the insurance companies to resolve your case with no trial. If the insurance company offers a low amount of money or fails to take your injuries and other damages into consideration, your case will likely proceed to trial.

Although a small percentage of cases go to trial, it is crucial for victims to file a lawsuit as soon as they can. With time memories fade, witnesses pass away, and evidence disappears which makes it more difficult to present a compelling case to receive the maximum amount of compensation. Additionally, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.