Phases of an Auto Accident Lawsuit

Car accident injuries can result in significant medical bills along with property damage and lost wages. An experienced lawyer can help you in receiving the amount of compensation you deserve.

The procedure is different from case-to-case, but generally, it begins with filing an action. This is followed by the discovery phase trial, and any appeals.

Medical Records

Medical records are an important part of any auto accident lawsuit. They can help the jury or judge determine the impact of the accident on your life. This includes the financial, emotional, and physical costs. Insurance companies will have a hard time to argue with the information provided by medical records.

You might only have a particular amount of time, contingent on the laws in your state and the policies of your doctor to obtain medical records. This is why it is important to speak with your lawyer as soon as possible following an accident. Health Information Portability and Accountability Act, or HIPAA, protects your right to access these records. This does not mean you or your lawyer are the only ones who are able to look over your medical records. Insurance companies are always looking for anything that suggests your injuries might not be the severity you claim or that you have a pre-existing condition.

Your lawyer will use the medical information you provide to create an order letter that includes evidence to justify the damages you want. It is important to ensure that your lawyer provides relevant medical records to the insurance company as they may ask you to sign an authorization that allows them to access all your medical records. This is not beneficial to your claim because it could reveal past injuries not related to the claim.

Reports of Police

Every time a police official responds to a request for help, including an accident, he or she produces a report. Although they are not admissible in the courts of law (they are considered to be hearsay) they are valuable information for attorneys when researching and preparing cases.

A police report is an objective assessment of what transpired in the accident, based on witnesses' testimony and observations by the officer regarding the damage to the vehicles the weather, the drivers and more. It is an important piece of evidence that could assist you in winning an auto accident lawyer accident lawsuit.

Typically, you can request a copy your police report from the police station that handled the investigation by calling their non-emergency phone number and supplying a receipt or incident number to identify the report. The police department might have a website where you can request copies online.

After your medical expenses or property damage, as well as lost wages are at an amount you can afford, you'll need to file a lawsuit against the driver at fault. The police report is an effective tool for settlement negotiations, especially when you can prove the other driver's responsibility based on observations made by the officer. Many cases end up reaching an agreement without ever going to trial. It could take a long time to work through the pre-trial procedures and your case could not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the details they require from you, and the car accident investigation is complete, they will offer an offer for settlement. To generate their first offer, they'll input all the details and facts into an application on computers. They'll most likely be able to come up with a figure which is lower than what you calculated based on your investigation. When insurance companies make settlement offers, they have their own financial interest in their minds.

They'll seek to limit the amount they are required to pay for medical bills and other damages. You can counter by pointing out all the ways that your injuries could affect your life in the coming years. For instance, you could you can highlight the mounting medical bills and your lost earning potential, as well as the mental and physical suffering you're experiencing.

Your attorney or you create a letter of demand and present it to an insurance company. The letter should include all the evidence you've collected, including witness statements and photos of your injuries. You'll also make a list of your non-negotiables to ensure you can keep the insurance company from undercutting you. If an agreement is reached the agreement will be recorded in a written settlement agreement. Negotiations are often a back and forth, however perseverance will ensure an equitable settlement.

Legal Advice

The next stage in the car lawsuit involving an accident is discovery. During this process, the parties exchange information and evidence. Parties can request medical records and police reports, and witness statements. They will also send the other interrogatories (written questions to be answered under oath by expiration of a specific time). Your attorney will also record the extent of the physical psychological, emotional, and physical injuries you have suffered, and any other damages that might be sought, including future and current medical expenses, property damage, and lost wages.

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

Finally, your attorney will begin negotiations with insurance companies in order to try to resolve your claim without trial. If the insurance company fails to offer you an acceptable settlement or doesn't take into consideration your injuries and other damages, your case will likely go to trial.

It is vital that victims file a lawsuit as soon as possible even though very few cases get to the courtroom. Memory fades, witnesses disappear and evidence may be lost over time making it more difficult to build a strong case for the maximum amount of compensation. In addition, you must abide with the statute of limitations in your state, which could range from 1 to 6 years.