Phases of an Auto Accident Lawsuit

Car accident injuries can lead to significant medical bills, auto accident lawsuit property damage and lost wages. An experienced attorney can help to get the compensation you require.

The process is different from case to case however, generally it starts with filing an action. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are a vital element in any auto accident litigation accident case. They can help the judge or jury determine how the auto accident lawyer has had an impact on your life, including the physical, emotional and financial burdens of your injuries. Insurance companies will find it difficult to refute the story portrayed by medical records.

In accordance with the laws of your state and the policies of your doctor, Auto Accident Lawsuit you may have only a short amount of time to request medical records from your healthcare provider. This is why it is important to speak with your lawyer immediately following an accident. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these documents. But, this doesn't mean that only you or your lawyer are able to view your medical records. Insurance companies constantly look for evidence that could suggest your injuries may not be as serious as you claim or pre-existing.

Your lawyer will use the medical information you provide to prepare an order letter that includes evidence to justify the damages you want. Your lawyer should only give the relevant medical records to your insurance company. They might require you to give them permission to access your entire medical record. This is not in your best interest since it could expose past injuries that aren't related to the present claim.

Reports of Police

Police reports are generated every time a law enforcement officer responds to an emergency, including car accidents. Although they cannot be admitted in the courts of law (they are considered to be hearsay) they can provide valuable information for attorneys when conducting investigations and preparing cases.

A police report provides an objective account of the auto accident law that is based on the witness' testimony and the officer's observations regarding the weather conditions, drivers, and other factors. It's an important piece of evidence that could assist you in winning your car accident lawsuit against the defendant.

You can typically request a copy from the police precinct that handled the investigation. Call their non-emergency phone number and provide the receipt or incident number as proof of identification. You can also request copies of police reports through the police department's website.

After your medical expenses or property damage, as well as lost wages are at the amount of a certain amount, then you'll have to file a lawsuit against the driver who is at fault. The police report is a valuable tool in settlement negotiations, especially in cases where you can prove other driver's responsibility through the observations of the officer. However, many cases reach settlements without ever going to trial. It can take time to complete the steps before trial and your case could not be resolved for a long time.

Insurance Company Negotiations

Once the adjuster has all the information they need from you and your car auto accident compensation investigation, they'll make a settlement offer. To create their initial offer, they'll enter all the information and details into an online program. They'll likely produce a number which is significantly lower than the number you calculated from your research. It's important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.

They will be looking to reduce the amount they have to pay in medical bills and other damages. You can fight back if you point out the negative effects your injuries could have on you and affect your life in future. For instance, you can refer to your rising medical bills, your decreased earning potential, and the physical and emotional suffering you're experiencing.

Your attorney or you create an official demand letter and present it to an insurance company. This will include all the evidence you have gathered such as witness statements, photographs of your injuries, and any evidence to support your losses. You will also create a list of non-negotiables to prevent the insurance company from undervaluing your claim. Once an agreement is reached it will be documented in an agreement to settle in writing. Negotiations are often a back and forth affair, but perseverance will ensure a fair settlement.

Legal Advice

The next stage of the car lawsuit involving an auto accident attorneys is discovery. During this process, both sides exchange information and evidence. Parties may seek medical documents, police reports or witness statements. They can also send another interrogatories (written questions that must be answered under oath by end of a specified time). Your lawyer will also record the severity of physical mental, emotional, or psychological injuries you've suffered, in addition to any other damages that could be sought, including current and projected medical expenses or property damage, as well as lost wages.

Your lawyer will also consult with experts like medical specialists mechanics, engineers and mechanics. These experts will help paint a an appealing picture of the crash and the injuries you sustained for the jury.

Finally, your attorney will begin negotiations with insurance companies to try to settle your claim with out a trial. However, if the insurance company is willing to offer you an unsatisfactory settlement or does not take your injury and other damages into consideration, your case will likely be heard at trial.

It is vital that victims file a suit as soon as they can even though very few cases will ever make it to the courtroom. With time memories fade, witnesses pass away, and evidence disappears and it becomes more difficult to establish a solid claim for the highest amount of compensation. You must also comply with the statute of limitations in your state which can range from 1 to 6 years.