Phases of an auto accident law firm Accident Lawsuit

Medical bills, property damage, and lost wages can be significant following an accident. An experienced lawyer can assist to get the compensation you require.

The procedure is different from case-to-case, but generally, it begins with filing an action. This is followed by the discovery phase, trial and any appeals.

Medical Records

Medical records are an essential element of any auto accident law firm accident lawsuit. They will aid the judge or jury comprehend how the accident had an impact on your life, including the physical, emotional and financial costs of your injuries. Insurance companies will find it difficult to dispute the story told by medical records.

You may only have a specific amount of time, auto accident law firm depending on the laws of your state and the guidelines of your physician, to obtain medical records. It is recommended to consult with your lawyer as soon after an accident as you can. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these records. However, this does not mean that only you or your lawyer will be able to view your medical records. Insurance companies are always looking for any sign that could suggest your injuries may not be as serious as you claim or pre-existing.

Your lawyer will utilize your medical records to draft a demand letter, which will contain evidence to support the damages you are seeking. Your lawyer should only supply the relevant medical records to your insurance company. They might ask you to grant them permission to access your complete medical record. This is not in your best interest since it could expose past injuries that aren't related to the present claim.

Police Reports

Police reports are generated every time a law enforcement officer responds to an emergency for example, car accidents. Even though they aren't admissible in court (they are considered to be hearsay), they do provide valuable information to attorneys investigating an incident and preparing the case.

A police report gives an impartial account of the accident which is based on the witnesses testimony of the officer and his observations regarding the weather conditions, drivers, and other factors. It is a crucial evidence that can help you win an auto accident lawsuit.

Typically you can request a copy of your police report from the precinct that was responsible for the investigation by calling their non-emergency line and supplying an invoice or incident number to identify it. The police department may have a website on which you can request copies of records online.

After your medical expenses or property damage, as well as lost wages exceed an amount that is a certain amount, you'll have to start a lawsuit against the driver at fault. The police report can be a useful tool during settlement negotiations, especially in cases where you can show that the other driver was largely at fault based on the police officer's observations. Many cases end up reaching an agreement without ever going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until one year after filing it.

Insurance Company Negotiations

Once an adjuster has all the data they require from you, and the investigation into the car accident and investigation, they will make an offer of settlement. They will put all the facts and details into a computer program to create their initial offer. Most likely, they will make a less than the amount you calculated from your study. When insurance companies make settlement offers, they've got their own financial interest in the back of their heads.

They'll want to limit the amount they'll need pay for medical bills and other damages. You can fight back by highlighting all the ways that your injuries will negatively impact your life going forward. You could, for instance, point out your mounting medical bills and lost earnings potential, as well being aware of the physical and mental suffering you're experiencing.

Your attorney or you will prepare an official demand letter and then present it to an insurance company. The letter should contain all the evidence you've collected, including witnesses' statements and photographs of your injuries. You should also make a list of the non-negotiables that will keep the insurance company from undervaluing your claim. Once an agreement is reached the written settlement agreement will reflect it. It's normal for a back and forth to take place during these negotiations, but remaining in the moment will help you get an equitable settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery, in which both parties exchange information and evidence. Parties may seek medical records, police reports and witness statements. They will also send any additional interrogatories (written questions to be completed under oath at the deadline). Additionally, your attorney will document the extent of your physical emotional and psychological traumas in addition to the other damages you may seek to compensate for such as current and anticipated future medical expenses, property damage and lost wages.

Your lawyer will confer with other experts, like mechanics, medical experts and engineers. These experts can assist the jury to get clear information about your accident and injuries.

Finally, your attorney will begin negotiations with insurance companies to try to settle your claim without trial. If the insurance company doesn't offer an acceptable settlement or does not take into account your injuries and other damages, your case is likely to go to trial.

While a small number of cases do go to trial it is essential for auto accident law firm victims to make a claim as soon as possible. As time passes, memories fade, witnesses die and evidence is lost which makes it more difficult to establish a solid claim for the highest amount of compensation. Plus, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.