Phases of an Auto Accident Lawsuit

Car accident injuries can lead to significant medical bills along with property damage and lost wages. An experienced lawyer can assist you receive the compensation that you need.

The procedure can differ from case to case but usually begins with the filing of an action. Then comes the discovery phase along with any appeals.

Medical Records

Medical records are an essential element in any auto accident lawsuit. They will assist a judge or jury determine the impact of the injury on your life. This includes the financial, emotional physical, and emotional costs. Insurance companies will be unable to argue with the information provided by medical records.

Depending on your state's laws and your doctor's policy depending on your state's laws and your doctor's policy, you could have only a short amount of time to request medical records from healthcare providers. This is why you should discuss your legal needs as soon as you can after an accident. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these documents. This does not mean you or your lawyer are the only ones who can access your medical records. Insurance companies constantly look for evidence that could suggest your injuries may not be as severe as you claim or have a pre-existing condition.

Your lawyer will use your medical records to prepare a demand letters, which will contain evidence to support the damages you seek. It is imperative that your lawyer only provides relevant medical records to the insurance company as they may ask you to sign a medical authorization that permits them to access all your medical records. This is not in your best interest as it could reveal past injuries that are not related to the present claim.

Police Reports

When a police officer responds to a call for help, such as an accident, he produces a report. Although they are not admissible in a court of law (they are deemed to be hearsay) they are valuable information for attorneys when researching and preparing cases.

A police report gives an objective account of the accident, based on the witness' testimony as well as the officer's observations regarding the weather conditions, the drivers, and other aspects. It is an important piece of evidence that can help you win an auto accident lawsuit.

You can usually request a copy of the records from the precinct who handled the investigation. Call their emergency line and provide an invoice or an incident number as proof of identification. The police department might have a website on which you can request copies of records online.

You'll need to file a suit against the driver at fault after your medical expenses or lost wages property damage exceed the amount of. The police report can be an important tool in settlement negotiations, particularly when you can prove the other driver's responsibility in the light of observations made by the officer. A lot of cases are settled without going to trial. The pre-trial process can be long and your case might not be resolved until a year after filing it.

Insurance Company Negotiations

Once an adjuster has all the information they need from you and the car accident investigation and investigation, they will make an offer for settlement. To generate their first offer, they will enter all the details and facts into a computer program. They will most likely come up with a number that is much lower than the one you calculated based on your study. When insurance companies offer settlement offers, they've got their own financial interest in their minds.

They'll want to limit the amount they'll need pay for medical expenses and other damages. You can counter by pointing out the ways in which your injuries will affect your life going forward. For instance, you could highlight your growing medical bills, your decreased earning capacity, and the emotional and physical suffering you're suffering.

Your lawyer or you will then draft a demand letter and then present it to the insurance company. The letter should include all of the evidence that you've gathered such as witnesses' statements and photographs of your injuries. You will also create an outline of the things you will not negotiate to ensure that the insurance company is not undervaluing your claim. If an agreement is reached and ratified, it will be included in the form of a written settlement agreement. It's normal for a back-andforth to take place during these negotiations, but staying in the moment will help you get an acceptable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. Parties can seek medical records, police reports, and witness statements. They will also provide each other interrogatories (written questions that must be answered under oath by the expiration of a specific time). Your attorney will also write down the extent of physical mental, emotional, or psychological injuries you have suffered, in addition to any other damages that may be sought, such as future and current medical expenses, property damage, and lost wages.

Your lawyer will talk to other experts, like mechanics, medical specialists and engineers. These experts will help paint a an appealing image of your crash and your injuries for the jury.

Your attorney will then begin negotiations with insurance companies to settle your case without trial. If the insurance company doesn't offer a fair settlement, or does not consider your injuries and other damages, your case will likely go to trial.

It is important that victims file a lawsuit immediately, even if only a handful of cases are heard in the courtroom. Memories fade, witnesses can disappear and evidence may be lost as time passes, making it harder to present a convincing case for maximum compensation. Additionally, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.