Phases of an Auto Accident Lawsuit

Car crash injuries can lead to significant medical bills as well as property damage and loss of wages. An experienced attorney can assist you in receiving the amount of compensation you deserve.

The procedure can differ from case-to-case, but generally, it starts with the filing of an accusation. Then comes the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential component of any pleasant hill auto accident lawsuit accident lawsuit. They will assist jurors or judges know the effects of the injury on your life. This includes the emotional, financial, and physical costs. Insurance companies will find it difficult to dispute the story told by medical records.

In accordance with the laws of your state and your doctor's policy depending on your state's laws and your doctor's policy, you could have a limited amount of time to request medical records from your healthcare provider. This is why it is important to speak with your lawyer as soon as possible following an accident. The law protects your access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer will be able to view your medical records. Insurance companies constantly look for evidence that suggests your injuries may not be as severe as you think or pre-existing.

Your lawyer will use your medical records in order to draft a demand letter, which will include evidence to justify the damages you are seeking. Your lawyer must only provide the relevant medical records to your insurance company. They may ask you to grant them permission to access your complete medical record. This is not the best option for your claim, as it could reveal past injuries not related to this claim.

Police Reports

When a police officer responds to a call for help, including an accident, he creates a police report. While they cannot be used in the courts of law (they are deemed to be hearsay) they are valuable information to attorneys when they are investigating and preparing cases.

A police report provides an objective account of what happened during the crash, based on witness statements and the officer's observations about the vehicles' damage, weather conditions, drivers and more. It is a crucial piece of evidence which can assist you in winning an auto 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 emergency number and supplying an invoice or incident number to identify the report. You can request copies of the report through the website of the police department.

After your medical expenses and property damage as well as lost wages exceed the amount of a certain amount, then you'll have to file a lawsuit against the driver at fault. The police report can prove to be a helpful tool in settlement negotiations, particularly when you can demonstrate that the other driver was largely at fault based on the officer's observations. A lot of cases are settled without going to trial. It may take some time to go through the pre-trial procedures and your case might not be resolved for a year or more.

Insurance Company Negotiations

Once the adjuster has all of the information they need from you as well as your car accident investigation, he'll make an offer to settle. They will put all the facts and details into a software program to create their initial offer. Most likely, they will come up with a much smaller number than what you estimated from your study. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They will want to limit how much they have to pay in medical bills and other damages. You are able to fight back if you point out how your injuries will negatively affect your life in future. For instance, you can point to your mounting medical bills, your decreased earning potential, and the physical and emotional suffering you're experiencing.

You or your attorney will prepare an official demand letter and present it to an insurer. This will include all the evidence you have gathered including statements from witnesses, auto accident lawsuit photographs of your injuries as well as any documentation supporting your losses. You'll also prepare the list of the items you cannot negotiate, so you can prevent the insurance company from negotiating with you. After an agreement has been reached and auto accident lawsuit the written settlement contract will reflect it. Negotiations are often a back and forth process, but perseverance will ensure a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which the parties exchange information and evidence. Parties can seek medical records, police reports, and witness statements. The parties may also exchange interrogatories that are written questions which must be answered under an oath within the time limit. Your attorney will also document the severity of the physical emotional, psychological, and physical injuries you have suffered, and any other damages that might be sought, like the current and anticipated medical expenses, property damage, and lost wages.

Your lawyer will confer with other experts, such as mechanics, medical specialists and engineers. These experts will aid in painting a an accurate picture of the crash and the injuries you sustained for the jury.

Finally, your attorney will begin negotiations with insurance companies to attempt to settle your claim without a trial. If the insurance company is unable to provide you with a fair settlement, or doesn't take into consideration your injuries or other damages, your case will likely go to trial.

It is essential that victims file a lawsuit as soon as possible even though very few cases are heard in court. As time passes, memories fade, witnesses pass away, and evidence disappears which makes it more difficult to make a strong claim for the most compensation. Plus, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.