Phases of an Auto Accident Lawsuit

Car accident injuries could result in significant medical bills, automobile property damage, and even lost wages. An experienced lawyer can assist you in receiving the amount you are due.

The procedure is different from case to case, but generally, it begins with filing an action. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an essential part of any auto accident law firms accident lawsuit. They will assist jurors or judges to know the effects of the injury on your life. This includes the emotional, financial, and physical costs. Medical records will also reveal an insurance company a story they will have a difficult to argue.

You might only have a particular period of time, based on the laws in your state and the policies of your doctor to obtain medical records. You should consult your lawyer as soon following an accident as you can. Health Information Portability and Accountability Act, or 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 could suggest your injuries might not be as serious as you claim or if you have pre-existing injuries.

Your lawyer will use the medical records you provide to create a letter of demand that will include evidence in support of the damages you are seeking. Your lawyer should only provide the relevant medical records to your insurance company. They might request you to allow them to access your complete medical record. This is not in your best interests as it could reveal past injuries that aren't related to the current claim.

Police Reports

Every time a police official responds to a request for help, such as an accident, he produces a report. While they're not admissible in court (they are considered to be hearsay) They can provide important information to attorneys when investigating an incident and preparing the case.

A police report is an objective account of what happened during the accident, based on witness testimony and observations by the officer regarding the damage to the vehicles the weather, the drivers and more. It's an important piece of evidence which can aid you in winning a lawsuit in a car accident.

Typically you can request a copy of your police report from the precinct which handled the investigation by calling their non-emergency line and supplying an incident or receipt to identify the report. You can also request copies of records through the website of the police department.

When your medical bills as well as property damage and lost wages are at the amount of a certain amount, then you'll have to make a claim against the driver at fault. The police report can prove to be a helpful tool in settlement negotiations, particularly if you can prove that the other driver was at fault, based on an officer's observations. Many cases are settled without having to go to trial. It may take some time to work through the pre-trial procedures and your case might not be resolved for a long time.

Insurance Company Negotiations

After the adjuster has all of the information they require from you and your automobile accident investigation, he'll make an offer to settle. To create their initial offer, they'll input all the details and facts into an application on computers. Most likely, they will make a less than the amount you calculated based on your investigation. When insurance companies make settlement offers, they've got their own financial interests in the back of their heads.

They'll want to reduce the amount they'll need to pay for medical expenses and other damages. You can fight back when you mention the way your injuries will affect your life in the near future. For instance, you could, point out your mounting medical bills and lost earning potential, as being aware of the physical and mental pain you're experiencing.

Your attorney or you prepare an order letter and then present it to an insurer. This letter will include all of the evidence that you've gathered such as witness statements and photos of your injuries. Also, you will create an outline of the things you will not negotiate to keep the insurance company from undervaluing your claim. When an agreement is reached, automobile it will be reflected in the form of a written settlement agreement. Negotiations are often a back and forth, however remaining patient 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 request medical records and police reports and witness statements. The parties may also trade interrogatories that are written questions which have to be answered on an oath within the time limit. In addition, your attorney will document the extent of your physical emotional and mental injuries as well as the other damages that you could seek compensation for in the future, including current and future medical expenses, property damage and lost wages.

Your lawyer will also consult with experts like medical specialists mechanics, engineers and mechanics. These experts can help the jury get clear information about your injuries and accident.

Your lawyer will then start discussions with the insurance companies to resolve your case with no trial. If the insurance company is unable to offer you an equitable settlement or doesn't take into consideration your injuries and other losses, your case will likely go to trial.

It is important that victims file a suit as soon as they can, even though only a few cases will ever make it to the courtroom. With time memories fade, witnesses pass away and evidence is lost, making it more difficult to make a strong claim for maximum compensation. Plus, you must comply with the statute of limitations in your state, which can range from 1 to 6 years.