Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages may be significant following an auto accident law firm accident. A knowledgeable attorney can help you get the compensation you require.

The procedure can differ depending on the case, but generally, it starts with the filing of a complaint. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an important part of any auto accident lawsuit. They can help jurors or judges to understand the impact of the accident on your life. This includes the emotional, financial, and physical costs. Medical records can also tell an account that insurance companies will have a difficult to dispute.

According to the laws of your state and your doctor's guidelines, you may have only a short amount of time to request medical documents from healthcare providers. You should speak with your lawyer as soon after an accident as possible. Health Information Portability and Accountability Act (HIPAA) HIPAA is a law that protects your right to access these medical records. However, this doesn't mean that you or your lawyer are the only ones able to access your medical records. Insurance companies are often keen to uncover anything that could suggest your injuries were pre-existing or not as severe as you claim.

Your lawyer will use the medical records you provide to draft the letter of demand that includes evidence to justify the damages you are seeking. It is important that your lawyer only provide relevant medical documents to the insurance company as they may ask you to sign an authorization that allows them to access all of your medical records. This is not beneficial to your claim as it may reveal injuries from the past that are not related to the claim.

Reports of Police

Police reports are prepared each time a police officer responds to an emergency call or accident, such as car accidents. Although they aren't admissible in a court of law (they are deemed to be hearsay) they are valuable information for attorneys when investigating and preparing their cases.

A police report provides an objective report of what happened during the crash, based on witness testimonies and the officer's observations regarding the damage to the vehicle the weather, the drivers, and so on. It's an important piece of evidence that could aid you in winning an auto accident lawsuit.

You can usually request a copy from the precinct that was responsible for the investigation. Contact their non-emergency number and provide an invoice or an incident number as proof of identification. The police department might also have a website where you can request copies of records online.

You will need to file a lawsuit against the driver responsible after your medical expenses, lost wages, and damages to property reach a certain value. The police report can be an effective tool during settlement negotiations, particularly when you can prove that the other driver was largely at fault based on the officer's observations. However, many cases reach a settlement without ever going to trial. Pre-trial proceedings can take a long time and your case might not be resolved until one year after filing it.

Insurance Company Negotiations

After the adjuster has all of the information he needs from you as well as your car accident investigation, he will make a settlement offer. To make their first offer, they'll enter all the information and details into a computer program. Most likely, they will arrive at a smaller amount than you anticipated using your investigation. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They will want to limit how much they are required to pay for medical bills and other damages. You are able to fight back if you point out how your injuries will impact your life in the coming years. For instance, you could mention your increasing medical bills and the loss of earning potential, as as the mental and physical suffering you're feeling.

Your lawyer or you then draft a demand letter and present it to the insurance company. It will contain all the evidence you have collected including statements from witnesses, photographs of your injuries, as well as evidence to support your losses. Additionally, you should create an outline of the things you will not negotiate to keep the insurance company from undervaluing your claim. When an agreement is reached, it will be reflected in the form of a written settlement agreement. It's not uncommon for back-and-forth to take place during these negotiations, but remaining in the moment will help you get a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which the parties exchange information and evidence. Parties may request medical records, police reports, and witness statements. They may also send another interrogatories (written questions that need to be answered under oath by deadline). In addition your attorney will provide documentation of the extent of your physical emotional and mental injuries in addition to the other damages you may be seeking to recover, including existing and projected future medical expenses, property damage and lost wages.

Your lawyer will talk to other experts like mechanics, medical professionals, and engineers. These experts can help the jury to get clear information about the injuries and accidents you sustained.

Your lawyer will then start negotiations with the insurance companies in order to resolve your case without trial. However, if the insurance company is willing to offer you a low settlement or does not take your injuries and other damages into account your case is likely to progress to trial.

While a small number of cases do get to trial, it is important for victims to begin a lawsuit as soon as possible. As time passes memories fade, witnesses die, and evidence disappears which makes it more difficult to present a compelling case for the highest amount of compensation. In addition, you must abide with the statute of limitations in your state, which can range from 1 to 6 years.