Phases of an auto accident attorney Accident Lawsuit

Damage to property, medical bills and lost wages may be significant after an auto accident. A knowledgeable attorney can assist you in receiving the compensation you deserve.

The process varies from case to case, however, generally it starts with filing a complaint. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an essential element of any auto accident lawsuit. They can help the judge or jury comprehend how the accident affected your life, including the emotional, physical and financial costs of your injuries. Medical records will also provide a story that insurance companies will have a difficult time disputing.

Depending on your state's laws and the policies of your doctor depending on your state's laws and your doctor's policy, you could have only a short amount of time to request medical records from healthcare providers. It is recommended to consult with your lawyer as soon after an accident as you can. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these records. However, this does not mean that you or your lawyer are the only ones who are able to access your medical records. Insurance companies are generally keen to look for anything that could suggest that your injuries were pre-existing or not as severe as you claim.

Your lawyer will utilize your medical records to draft a demand letter, that will include evidence to support the damages you're seeking. Your lawyer should only give the relevant medical documents to your insurance company. They may request you to allow them to access your complete medical record. This is not beneficial to your claim because it could reveal injuries from the past that are not related to the claim.

Police Reports

Police reports are produced every time a law enforcement officer responds to an emergency call and also car accidents. While they cannot be used in a court of law (they are deemed to be hearsay) They are a valuable source of information for attorneys when conducting investigations and preparing cases.

A police report is an objective view of what happened during the accident, based on witness statements and observations about the vehicles' damage the weather, the drivers and more. It's an important piece of evidence that could assist you in winning an auto accident lawsuit.

You can usually request a copy of the records from the precinct who handled the investigation. Call their non-emergency phone number and provide the receipt or incident number to prove your identity. The police department may also have a website on which you can request copies of your records online.

You'll need to file a lawsuit against the driver who was at fault once your medical bills, lost wages, and damages to property reach a certain value. The police report can be an essential tool in settlement negotiations, particularly when you can prove the other driver's negligence based on observations made by the officer. But, many cases settle an agreement without going to trial. It could take a long time to go through the pre-trial steps and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the data they need from you and the investigation into the car accident, they will extend an offer for settlement. To make their first offer, they'll enter all the details and facts into an application on computers. Most likely, they'll arrive at a lower number than you calculated in your investigation. It's important to remember that insurance companies have their own financial interest in mind when they decide on settlement offers.

They will wish to limit the amount they are required to pay for medical bills and other damages. You can counter by pointing out the many ways that your injuries could affect your life in the future. For instance, you could, point out your mounting medical bills and the loss of earning potential, as as the physical and mental pain you're experiencing.

Your lawyer or you prepare a demand form and present it to the insurance company. It should include all the evidence you have collected, including statements from witnesses, photographs of your injuries and any documents supporting your losses. You should also create an inventory of your non-negotiables, so you can prevent the insurance company from negotiating with you. When an agreement is reached it will be documented in an agreement to settle in writing. Negotiations are usually back and forth affair, but perseverance will help you achieve an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which the parties exchange information and evidence. Parties can seek medical records and police reports and witness statements. They will also send any additional interrogatories (written questions that have to be answered under oath before the end of the specified time). Your lawyer will also record the severity of the physical emotional, psychological, and physical injuries you've suffered, as well as any other damages which could be sought, including the amount of medical expenses you are currently and in the future, property damage, and lost wages.

Your lawyer will also talk with experts like medical specialists mechanics, engineers and mechanics. These experts can assist the jury to get an accurate picture of your accident and injuries.

Your attorney will then start discussions with the insurance companies in order to resolve your case with no trial. If the insurance company doesn't provide you with an equitable settlement or does not consider your injuries or other damages, your case is likely to be heard in court.

It is important that victims file a suit as soon as they can even though very few cases get to court. With time, memories fade, witnesses die and evidence is lost which makes it more difficult to establish a solid claim for the highest amount of compensation. Plus, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.