Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages may be substantial following a car accident. An experienced lawyer can assist you get the compensation you need.

The procedure varies from case to case, but generally starts by filing a complaint. Then follows the discovery phase along with any appeals.

Medical Records

Medical records are an essential component of any auto accident attorneys accident lawsuit. They will assist jurors or judges to know the effects of the accident on your life. This includes the emotional, financial physical, and emotional expenses. Insurance companies will be unable to challenge the narrative told by medical records.

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 the time to request medical documents from healthcare providers. It is recommended to consult with your lawyer as soon after an accident as is possible. Health Information Portability and Accountability Act or HIPAA, protects your right to access these records. However, this doesn't mean that only you or your lawyer are able to access your medical records. Insurance companies are always looking for anything that could indicate your injuries might not be as severe as you claim or have a pre-existing condition.

Your lawyer will utilize the medical records that you supply to write an order letter that will include evidence in support of the damages you seek. It is essential that your lawyer only send relevant medical records to the insurance company, as they may request you to sign a medical authorization that permits them to access all your medical records. This is not in your best interests since it could reveal previous injuries that aren't connected to the current claim.

Police Reports

Police reports are generated each time a law enforcement officer responds to an emergency call or accident, such as car accidents. While they cannot be used in a court of law (they are deemed to be hearsay) they are valuable information to attorneys in the process of researching and preparing cases.

A police report provides an objective report of what transpired in the accident, based on witnesses' statements and observations about the vehicle's damage the weather, the drivers, and so on. It is a crucial 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 that was responsible for the investigation. Call their emergency line and provide a receipt or an incident number to prove your identity. You can also request copies of records through the department's website.

If your medical bills, property damage and lost wages reach an amount you can afford, you will need to start a lawsuit against the driver who is at fault. The police report can be an effective tool in settlement negotiations, especially if you can prove that the other driver was at blame based on the officer's observations. But, many cases settle a settlement without ever going to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until a year after filing it.

Insurance Company Negotiations

When the adjuster has all of the information they require from you as well as your car accident investigation, they'll make an offer to settle. To make their first offer, they will enter all the information and details into the computer program. Most likely, they will make a smaller amount than you anticipated based on your research. When insurance companies offer settlement offers, they have their own financial interests in the back of their heads.

They'll want to reduce the amount they'll need pay for your medical expenses and other damage. You can counter by pointing out the ways in which your injuries will affect your life in the future. For example, you can highlight your growing medical bills, your decreased earning capacity and the emotional and physical pain you're experiencing.

Your attorney or you create an official demand letter and then present it to an insurer. This will include all the evidence you have gathered such as witness statements, photos of your injuries, and any documents that support your losses. Also, you will create an inventory of non-negotiables in order to keep the insurance company from undervaluing your claim. Once an agreement has been reached the written settlement agreement will reflect it. It's normal for a back and forth to take place during these negotiations, but being calm will allow you to reach an acceptable settlement.

Legal Advice

The next phase in the car accident lawsuit is discovery. During this process, both parties exchange information and evidence. The parties can seek medical documents, police reports or witness statements. The parties may also trade interrogatories which are written questions that must be answered on oath within a certain time. Additionally your attorney will provide documentation of the extent of your physical emotional and mental injuries as well as the other damages that you could be seeking to recover, including existing and projected future medical expenses, property damage and lost wages.

Your lawyer will also talk with experts such as medical specialists mechanics, engineers and mechanics. These experts will help paint a an appealing picture of your crash and the extent of your injuries to the jury.

Your lawyer will then start discussions with insurance companies to settle your case without trial. If the insurance company offers an unsatisfactory settlement or fails to take your injuries and other damages into account, your case will likely be heard at trial.

It is important that victims file a lawsuit promptly even though very few cases make it to the courtroom. Memory fades, witnesses disappear, and evidence could be lost over time, making it harder to present a convincing case to get the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.