Phases of an auto Accident law firms Accident Lawsuit

Medical bills, property damage, and lost wages can be substantial after an auto accident lawyer accident. An experienced attorney can assist you in getting the amount of compensation you deserve.

The procedure can differ from case to case but generally it starts with the filing of an accusation. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are an essential part of any auto accident lawsuit. They will aid the judge or jury comprehend how the accident impacted your life, including the emotional, physical and financial costs of your injuries. Insurance companies will find it difficult to dispute the story told by medical records.

You may only have a certain amount of time, contingent on the laws of your state and the policies of your doctor to request medical records. This is why it is important to discuss your legal needs as soon as possible after an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA ensures that you have the right to access these documents. But, this doesn't mean that only you or your lawyer will be able to access your medical records. Insurance companies will often try to discover anything that may suggest that your injuries are pre-existing or not as severe as you think.

Your lawyer will use the medical information you provide to create an order letter that will include evidence to support the damages you are seeking. It is essential that your lawyer only provide relevant medical records to the insurance company as they may request you to sign a medical authorization that allows them to access all of your medical records. This is not in your best interest since it could expose past injuries that aren't related to the current claim.

Police Reports

Every time a police officer responds to a call for help, such as an accident, he or she creates a police report. While they're not admissible in court (they are considered to be hearsay) however, they provide valuable information to attorneys investigating an incident and preparing the case.

A police report is an objective assessment of what happened in the accident, based on witnesses' testimony and observations by the officer about the vehicles' damage, weather conditions, drivers, and so on. It is an important evidence that can aid you in winning a lawsuit for car accidents.

You can usually request a copy of the records from the police precinct that handled the investigation. Call their emergency line and provide an invoice or an incident number to prove your identity. You can also request copies of police reports through the website of the police department.

When your medical bills or property damage, as well as lost wages exceed the amount of a certain amount, then you will need to start a lawsuit against the driver who is at fault. The police report can be an essential tool in settlement negotiations, especially when you can establish the other driver's fault through the observations of the officer. However, many cases reach a settlement without ever going to trial. It could take a long time to go through the steps before trial and your case could not be resolved for a long time.

Insurance Company Negotiations

After the adjuster has all the information he needs from you and your car accident investigation, they will make an offer of settlement. In order to create their first offer, they'll enter all the details and facts into an application on computers. They'll likely be able to come up with a figure which is significantly lower than the number you calculated based on your research. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll be looking to reduce the amount they are required to pay for medical bills and other damages. You can counter by highlighting the ways in which your injuries will impact your life in the near future. You could, for instance mention your increasing medical bills, your diminished earning potential, as well as the physical and mental suffering you are experiencing.

Your lawyer or you will then draft a demand letter and submit it to the insurance company. It should include all the evidence you have gathered such as witness statements, photographs of your injuries as well as any documentation supporting your losses. Also, you will create a list of non-negotiables to ensure that the insurance company is not undervaluing your claim. Once an agreement is reached the settlement agreement written will reflect it. It's common for a back-and-forth to occur during these negotiations, but being patient will help you achieve an acceptable settlement.

Legal Advice

The next stage of the car lawsuit involving an accident is discovery, during which the parties exchange information and evidence. Parties can seek medical records and police reports and witness statements. The parties can also exchange interrogatories that are written questions that must be answered on an oath within the time limit. Your attorney will also document the extent of the physical mental, emotional, or psychological injuries you've sustained, in addition to any other damages that could be sought, like future and current medical expenses or property damage, as well as lost wages.

Your lawyer will talk to other experts, like medical specialists, mechanics and engineers. These experts can assist the jury to get clear information about your injuries and the accident.

Your lawyer will then start discussions with insurance companies to resolve your case without trial. If the insurance company does not offer you a fair settlement, or does not consider your injuries and other damages, your case is likely to be heard in court.

It is vital that victims file a suit as soon as they can even though very few cases get to the courtroom. As time passes, memories fade, witnesses pass away, and evidence disappears and makes it harder to make a strong claim for maximum compensation. You must also follow your state's statute of limitations that can range from 1 to 6 years.