Phases of an Auto Accident Lawsuit

Car accident injuries can lead to significant medical bills, property damage and lost wages. An experienced lawyer can help you in getting the amount of compensation you deserve.

The process is different 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 important element in any auto Accident law firms accident lawsuit. They can help jurors or judges to comprehend the impact of the accident on your life. This includes the emotional, financial physical, and emotional costs. Medical records will also tell a story that insurance companies will have a difficult to dispute.

You may only have a specific amount of time, based on the laws in your state and the policy of your doctor to obtain medical records. This is why it is important to consult with a lawyer as soon as possible after an accident. Health Information Portability and Accountability Act or HIPAA guarantees your right to access these records. However, this does not mean that you or your lawyer are the only ones who can look over your medical records. Insurance companies are often keen 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 records you provide to create the letter of demand that will include evidence supporting the damages you want. Your lawyer should only provide the relevant medical documents to your insurance company. They might ask you to authorize them to access your complete medical record. This is not the best option for your claim as it may reveal injuries from the past that are not related to the claim.

Reports of the Police

Police reports are prepared each time a police officer responds to an emergency call for example, car accidents. Although they cannot be admitted in the courts of law (they are considered to be hearsay) They are a valuable source of information to attorneys in the process of investigating and preparing cases.

A police report offers an objective account of the accident from the witness' testimony and the officer's observations regarding the weather conditions, drivers, and other factors. It's a crucial piece of evidence that can assist you in winning your car accident lawsuit against the defendant.

You can typically request a copy of the records from the police precinct that handled the investigation. Call their emergency line and provide an original receipt or an incident number for identification. You can also request copies of records through the website of the police department.

If your medical bills as well as property damage and lost wages exceed a certain amount, you will need to file a lawsuit against the driver who is at fault. The police report can be an effective tool in settlement negotiations, especially when you can prove that the other driver was at fault based on the police officer's observations. In many cases, however, the parties reach an agreement without ever going to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until one year after you file it.

Insurance Company Negotiations

Once an adjuster has all of the information they need from you and the investigation into the car accident They will then extend an offer of settlement. In order to create their first offer, they'll enter all the details and facts into the computer program. Most likely, they'll produce a significantly lower number than you calculated from your study. When insurance companies make settlement offers, they have their own financial interests in the back of their heads.

They'll want to reduce the amount they have to pay for medical bills and other damage. You can fight back by pointing out the many ways that your injuries will affect your life in the coming years. You could, for instance highlight your growing medical bills and your lost earning potential, as being aware of the physical and mental suffering you're feeling.

Your attorney or you will then draft an official demand letter and submit it to an insurance company. The letter should contain all the evidence you've gathered such as witness statements and photos of your injuries. You should also create an inventory of your non-negotiables to ensure you can prevent the insurance company from negotiating with you. Once an agreement is reached and ratified, it will be included in the form of a written settlement agreement. It's normal for a back and forth to take place during the negotiation process, but remaining patient will help you achieve an acceptable settlement.

Legal Advice

The next phase in the car accident lawsuit is discovery. During this process, both sides exchange information and evidence. Parties may seek medical records and police reports, and witness statements. They will also provide another interrogatories (written questions that have to be answered under oath by the end of a specified time). Additionally, auto accident Law firms your attorney will document the extent of your physical emotional and mental injuries and the additional damages that you could seek to compensate for, including existing and projected future medical costs, property damage, and lost wages.

Your lawyer will consult with other experts like mechanics, medical specialists and engineers. These experts will aid in painting a an accurate image of the accident and the injuries you sustained for the jury.

Your attorney will then start negotiations with insurance companies in order to resolve your case with no trial. However, if the insurance company provides you with an unsatisfactory settlement or does not take your injuries and other damages into consideration your case is likely to be heard at trial.

Although few cases actually get to trial, it is crucial for victims to file a lawsuit as soon as possible. With time, memories fade, witnesses die and evidence is lost which makes it more difficult to make a strong claim for the highest amount of compensation. In addition, you must abide with the statute of limitations in your state, which could be anywhere from one to six years.