Phases of an Auto Accident Lawsuit

Car accident injuries can result in substantial medical bills along with property damage and lost wages. An experienced lawyer can assist you get the compensation you require.

The process is different from case to case, however, it generally begins with filing an action. This is followed by the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an essential element in any Auto Accident lawsuits accident case. They can help the judge or jury determine how the accident has affected your life, including the physical, emotional and financial burdens of your injuries. Insurance companies will find it difficult to dispute the story told by medical records.

You might only have a particular amount of time, depending on the laws in your state and the guidelines of your physician, to obtain medical records. It is recommended to consult with your lawyer as soon following an accident as possible. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these documents. However, this does not mean that you or your lawyer are the only ones who can access your medical records. Insurance companies are usually keen to find anything that might indicate that your injuries were not pre-existing or not as severe as you claim.

Your lawyer will use your medical records to draft a demand letter, which will contain evidence to support the damages you are seeking. Your lawyer must only provide the relevant medical documents to your insurance company. They may require you to give them permission to access your entire medical record. This is not in the best interest of your claim since it could expose past injuries that are not relevant to this claim.

Police Reports

Police reports are generated every time a law enforcement officer responds to an emergency call or accident, such as car accidents. Even though they're not admissible in court (they are considered to be hearsay) They can provide important information to attorneys when investigating an auto accident lawsuit and preparing cases.

A police report provides an objective account of the incident that is based on the witness' testimony and the officer's observations regarding the weather conditions, drivers, and other factors. It is a crucial piece of evidence which can aid you in winning a lawsuit in a car accident.

Usually you can request a copy your police report from the precinct which was responsible for the investigation by calling their non-emergency phone number and providing the receipt or incident number to identify the report. You can also request copies of records through the website of the police department.

When your medical bills and property damage as well as lost wages exceed the amount of a certain amount, then you'll have to file a lawsuit against the driver at fault. The police report can be an important tool in settlement negotiations, especially when you can establish the other driver's negligence through the observations of the officer. In many cases, however, the parties reach a settlement without ever going to trial. It can take time to complete the pre-trial steps and your case may not be resolved for a long time.

Insurance Company Negotiations

Once the adjuster has all of the information they need from you and your vehicle accident investigation, they'll make an offer for settlement. They will input all the information and facts into a computer program to create their initial offer. They will most likely arrive at a figure that is much lower than the one you calculated from your research. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They'll want to limit the amount they'll need pay for your medical bills and other damages. You can fight back when you point out how your injuries will negatively affect your life in the near future. For instance, you could you can highlight the mounting medical bills and lost earning potential, as well as the mental and physical suffering you are experiencing.

You or your lawyer will prepare a demand form and send it to the insurance company. The letter should contain all of the evidence that you've collected, including witnesses' statements and photographs of your injuries. You will also create an outline of the things you will not negotiate to keep the insurance company from undervaluing your claim. Once an agreement is reached and ratified, it will be included in an agreement for settlement in writing. It's normal for a back and forth to occur during these negotiations, but staying patient will help you reach an acceptable settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery. During this process, both sides exchange information as well as evidence. Parties may request medical records and police reports, and witness statements. They may also send each other interrogatories (written questions that must be answered under oath by the deadline). Your attorney will also write down the extent of physical psychological, emotional, and physical injuries you have suffered, and any other damages which could be sought out, such as future and current medical expenses along with property damage, lost wages.

Your lawyer will confer with other experts like mechanics, Auto Accident lawsuits medical professionals and engineers. These experts can assist the jury get an accurate picture of the injuries and accidents you sustained.

Your attorney will then start negotiations with insurance companies to resolve your case with no trial. If the insurance company is unable to offer a fair settlement or doesn't take into consideration your injuries and other damages, your case will likely be heard in court.

Although a small percentage of cases make it to trial, it is vital for the victims to start a lawsuit as quickly as they can. Over time, memories fade, witnesses pass away and evidence is lost and makes it harder to file a convincing claim to receive the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which could range from 1 to 6 years.