Phases of an Auto Accident Lawsuit

Injuries from car crashes can lead to significant medical bills, property damage, and even lost wages. An experienced lawyer can help you in obtaining the financial amount you are due.

The process may differ from case to case, but generally it begins with the filing of an action. Then comes the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an essential part of any auto accident lawyers accident lawsuit. They will aid a jury or judge comprehend how the accident affected your life, including the physical, emotional and financial costs of your injuries. Medical records will also tell an account that insurance companies will have a hard to dispute.

You might only have a particular period of time, based on the laws of your state and the policy of your doctor to obtain medical records. This is why it is important to speak with your lawyer immediately following an accident. The law protects your access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones who can access your medical records. Insurance companies are usually keen to look for anything that could indicate that your injuries were not pre-existing or not as severe as you think.

Your lawyer will make use of the medical records you provide to create an order letter that includes evidence to justify the damages you seek. Your lawyer must only provide the relevant medical records to your insurance company. They may ask you to authorize them to access your complete medical record. This is not in your best interest since it could reveal previous injuries that are not related to the present claim.

Reports of the Police

Police reports are produced every time a law enforcement officer responds to an emergency for example, car accidents. Even though they aren't admissible in court (they are deemed to be hearsay) however, they provide important information to attorneys when investigating an accident and preparing an argument.

A police report offers an objective account of the accident from the witness' testimony and the officer's observations regarding the weather conditions, the drivers, and other aspects. It is an important piece of evidence that could aid in winning a lawsuit in a car auto accident lawyer.

You can typically request a copy from the precinct who handled the investigation. Contact their non-emergency number and provide a receipt or an incident number for identification. You can also request copies of police reports on the police department's website.

After your medical expenses and property damage as well as lost wages reach an amount you can afford, you will need to bring a lawsuit against the at-fault driver. The police report can prove to be a helpful tool during settlement negotiations, particularly if you can prove that the other driver was largely at fault based on the police officer's observations. A lot of cases are settled without having to go to trial. It could take a long time to work through the pre-trial process and your case might not be resolved for Auto Accident Lawsuit a year or more.

Insurance Company Negotiations

Once an adjuster has all of the information they need from you and the investigation of the car accident and investigation, they will make an offer for settlement. They will put all the facts and details into a computer program in order to create their initial offer. Most likely, they will arrive at a less than the amount you calculated in your research. It's important to remember that insurance companies have their own financial interest in mind when they decide on settlement offers.

They'll want to limit the amount they'll need to pay for your medical bills and other damage. You can fight back by pointing out the many ways that your injuries will affect your life in the near future. For example, you can point to your mounting medical bills, your diminished earning capacity and the emotional and physical pain that you're currently experiencing.

You or your attorney will then prepare an order letter and submit it to an insurance company. It will contain all the evidence you've collected and include statements from witnesses, photographs of your injuries as well as any documents supporting your losses. Also, you will create an outline of the things you will not negotiate to stop the insurance company from undervaluing your claim. Once an agreement has been reached, the written settlement agreement will reflect it. Negotiations can be a back and forth affair, but remaining patient will help you achieve an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, in which both parties exchange information and evidence. The parties can request medical documents, police reports or witness statements. They can also send any additional interrogatories (written questions to be answered under oath before the end of a specified time). In addition, your attorney will document the extent of your physical emotional and psychological traumas as well as the other damages you could seek to compensate for such as current and anticipated future medical expenses, property damage and lost wages.

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

Your lawyer will begin negotiations with insurance companies in order to try to settle your claim without trial. However, if the insurance company provides you with a low amount of money or does not take your injury and other damages into account the case will be heard at trial.

Although few cases actually go to trial it is crucial for victims to start a lawsuit as quickly as they can. The memories fade, witnesses die and evidence can disappear as time passes and it becomes difficult to present a convincing case to get the maximum amount of compensation. In addition, you must abide with the statute of limitations in your state, which could vary from 1 to 6 years.