Phases of an auto accident law firms Accident Lawsuit

Car crash injuries can result in substantial medical bills, property damage and lost wages. A knowledgeable attorney can assist you in getting the amount of compensation you deserve.

The procedure can differ from case-to-case, but generally it begins with the filing of a complaint. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an essential element of any auto accident lawsuit. They will assist the jury or judge understand the impact of the injury on your life. This includes the emotional, financial, and physical costs. Insurance companies will be unable to dispute the story told by medical records.

Depending on your state's laws and your doctor's guidelines You may be granted a limited amount of time to request medical records from your healthcare provider. It is recommended to consult with your lawyer as soon following an accident as possible. Health Information Portability and Accountability Act or HIPAA, protects your right to access these documents. This doesn't mean you or your lawyer are the only ones who are able to look over your medical records. Insurance companies are generally keen to discover anything that may suggest your injuries were pre-existing or not as severe as you claim.

Your lawyer will utilize your medical records to prepare a demand letters, which will include evidence to justify the damages you seek. Your lawyer must only provide the relevant medical records to your insurance company. They might ask you to grant them permission to access your entire medical record. This is not in your best interest since it could reveal previous injuries that are not related to the current claim.

Reports of the Police

Police reports are generated each time a police officer responds to an emergency call and also car accidents. Even though they're not admissible in court (they are considered to be hearsay) however, they provide invaluable information to attorneys conducting an investigation and preparing cases.

A police report is an objective view of what happened during the crash, based upon witness testimony and observations by the officer about the vehicle's damage the weather, the drivers, and so on. It is an important piece of evidence that could aid you in winning an auto accident lawsuit.

You can usually request a copy from the precinct responsible for the investigation. Call their non-emergency line and provide a receipt or an incident number as proof of identification. You can request copies of the report through the department's website.

You will need to file a suit against the person who caused the accident after your medical expenses as well as lost wages and property damage have reached the amount of. The police report can be a valuable tool in settlement negotiations, particularly if you can prove the other driver's fault through the observations of the officer. But, many cases settle settlements without ever going to trial. The pre-trial process can be long and your case might not be resolved until one year after you file it.

Insurance Company Negotiations

Once an adjuster has all the information they require from you and the investigation into the car accident is complete, they will offer a settlement offer. To generate their first offer, they'll enter all the information and details into an online program. Most likely, they will arrive at a lower number than you calculated using your study. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to reduce the amount they have to pay for your medical expenses and other damages. You can counter by highlighting the ways in which your injuries will negatively impact your life in the future. For instance, you could refer to your rising medical bills, the loss of earning capacity, and the emotional and physical suffering that you're currently experiencing.

You or your attorney will then draft the letter of demand and present it to an insurance company. It should include all the evidence you've collected including witness statements, photographs of your injuries as well as any documents supporting your losses. You should also create the list of your non-negotiables so you can deter the insurance company from under-pricing you. Once an agreement is reached, the written settlement agreement will reflect it. It's not uncommon for back-and-forth to occur during these negotiations, but being patient will help you reach an equitable settlement.

Legal Advice

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

Your lawyer will talk to other experts, including mechanics, medical professionals, and engineers. These experts can help the jury to get an accurate picture of your injuries and the accident.

Your lawyer will begin negotiations with insurance companies in order to try to resolve your claim without trial. However, if the insurance company is willing to offer you a low amount of money or does not take your injuries and other damages into account the case will proceed to trial.

While only a few cases go to trial, it is vital for the victims to begin a lawsuit as soon as they can. As time passes, memories fade, witnesses die, and evidence disappears which makes it more difficult to make a strong claim for the highest amount of compensation. Plus, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.