Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages may be substantial after an accident in the car. An experienced lawyer can help you receive the compensation you need.

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

Medical Records

Medical records are an essential part of any auto Accident Law firm accident lawsuit. They will assist jurors or judges to determine the impact of the injury on your life. This includes the financial, emotional physical, and emotional expenses. Medical records can also tell a story that insurance companies will have a tough to argue.

According to the laws of your state and the policy 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. You should consult your lawyer as soon following an accident as is possible. The law guarantees access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones who can examine your medical records. Insurance companies are always looking for anything that suggests your injuries might not be as serious as you claim or have a pre-existing condition.

Your lawyer will utilize the medical records that you supply to write a letter of demand that includes evidence to justify the damages you seek. Your lawyer should only give the relevant medical records to your insurance company. They may ask you to grant them permission to access your entire medical record. This is not the best option for your claim because it could reveal previous injuries that are not connected to this claim.

Police Reports

When a police officer responds to a request for help, including an auto accident lawyer, he produces a report. Although they aren't admissible in a court of law (they are deemed to be hearsay), they provide valuable information to attorneys in the process of investigating and preparing cases.

A police report is an objective assessment of what transpired in the crash, based upon witness testimony and observations by the officer about the vehicles' damage the weather, the drivers and more. It's a crucial evidence piece that can help you win your car accident lawsuit against the defendant.

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

You'll need to file a lawsuit against the person who caused the accident after your medical expenses, lost wages, and damages to property reach an amount. The police report is an important tool in settlement negotiations, particularly when you can prove the other driver's negligence 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 might not be resolved for a long time.

Insurance Company Negotiations

When the adjuster has all of the information they require from you and your vehicle accident investigation, they'll make a settlement offer. To make their first offer, they'll enter all the information and details into an online program. Most likely, they will produce a significantly lower number than you calculated using your study. 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 reduce the amount they'll need to pay for medical expenses and other damages. You are able to fight back if you explain the way your injuries will affect your life in future. You could, for instance you can highlight the mounting medical bills, your diminished earning potential, as as the physical and mental pain you're experiencing.

Your lawyer or you will then prepare a demand letter and then present it to the insurer. The letter should contain all the evidence you have gathered including witness statements and photos of your injuries. Also, you'll make an outline of your non-negotiables, so you can keep the insurance company from negotiating with you. Once an agreement is reached, the written settlement agreement will reflect it. Negotiations are usually back and forth affair, but perseverance will help you achieve an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, in which the parties exchange information and evidence. Parties may request medical records and police reports, and witness statements. They will also send each other interrogatories (written questions that need to be answered under oath by the deadline). Your attorney will also write down the extent of the physical, emotional, and psychological injuries you've sustained, and any other damages that could be sought out, such as current and projected medical expenses or property damage, as well as lost wages.

Your lawyer will also consult with experts, such as medical experts, mechanics and engineers. These experts will help paint the vivid image of the accident and the extent of your injuries to the jury.

Then, your lawyer will begin discussions with insurance companies to try to resolve your claim without trial. If the insurance company is unable to offer you an acceptable settlement or doesn't take into consideration your injuries or other damages, your case will likely be heard in court.

It is crucial that victims file a lawsuit as soon as possible, even though only a few cases make it to the courtroom. The memories fade, witnesses die and evidence can disappear in time and it becomes difficult to present a convincing case to get the maximum amount of compensation. You must also comply with the statute of limitations in your state, which can vary between 1 and 6 years.