Phases of an Auto Accident Lawsuit

Damage to property, medical bills, and lost wages can be significant following a car accident. An experienced lawyer can help you in obtaining the justice you deserve.

The process varies depending on the case, but generally starts by filing a complaint. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are an essential part of any auto accident law firm accident lawsuit. They will help the judge or jury to know how the injury had an impact on your life, including the emotional, physical and financial consequences of your injuries. Medical records will also provide an account that insurance companies will have a hard time disputing.

You may only have a specific amount of time, depending on the laws in your state and the policies of your doctor to obtain medical records. Consult with your lawyer as soon after an accident as possible. The law protects your access to these records through the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer can see your medical records. Insurance companies are always looking for anything that suggests your injuries may not be the severity you claim or that you have a pre-existing condition.

Your lawyer will utilize your medical records to prepare a demand letters, that will include evidence to support the damages you are seeking. It is crucial that your lawyer only send relevant medical documents to the insurance company, because they could ask you to sign a medical authorization that permits them to access all your medical records. This is not in your best interest since it could reveal previous injuries that aren't directly related to the present claim.

Reports of Police

Every time a police officer responds to a call for assistance, or 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 accident and preparing an argument.

A police report is an objective assessment of what happened in the crash, based on witness testimony and observations by the officer about the vehicle's damage the weather, the drivers, and so on. It's a vital piece of evidence that could help you win an auto accident lawyer accident lawsuit.

Typically you can request a copy your police report from the local police department that was responsible for the investigation by calling their non-emergency phone number and providing the receipt or incident number to identify it. 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 will need to file a lawsuit against the driver who is at fault. The police report can prove to be a helpful tool during settlement negotiations, particularly if you can prove that the other driver was largely at fault, based on an officer's observations. Many cases end up reaching an agreement without going to trial. The pre-trial process can be long and your case may not be resolved until a year after filing it.

Insurance Company Negotiations

Once the adjuster has all the details they require from you and your car accident investigation, he will make an offer of settlement. To create their initial offer, they'll input all the information and details into the computer program. Most likely, they'll produce a significantly lower number than you calculated based on your investigation. It's important to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll want to reduce the amount they'll need to pay for medical bills and other damage. You can counter by highlighting all the ways that your injuries will affect your life going forward. You could, for instance highlight your growing medical bills and lost earning potential, as well being aware of the physical and mental suffering you're experiencing.

Your lawyer or you will then prepare a demand letter and send it to the insurer. It should include all the evidence you've gathered such as statements from witnesses, photographs of your injuries as well as any evidence to support your losses. You'll also prepare an inventory of your non-negotiables to ensure you can prevent the insurance company from undercutting you. After an agreement has been reached the written settlement agreement will reflect it. Negotiations are usually back and forth affair, but being patient can aid in achieving a fair settlement.

Legal Advice

The next phase in the car accident lawsuit is discovery, where both sides exchange information as well as evidence. The parties may seek medical documents, police reports or witness statements. The parties may also exchange interrogatories which are written questions which have to be answered on the oath within a specified time. Your lawyer will also record the extent of the physical mental, emotional, or psychological injuries you've sustained, and any other damages that may be sought, including the amount of medical expenses you are currently and in the future as well as property damage and lost wages.

Your lawyer will also consult with experts such as medical specialists mechanics, engineers and mechanics. These experts can help the jury get an accurate picture of your injuries and the accident.

Finally, your attorney will begin negotiations with insurance companies to try to settle your claim without a trial. If the insurance company offers an unsatisfactory settlement or fails to take your injuries and other damages into consideration, your case will likely progress to trial.

It is essential that victims file a lawsuit as soon as possible even though very few cases make it to court. Over time, memories fade, witnesses pass away and evidence is lost and makes it harder to present a compelling case for the highest amount of compensation. Plus, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.