Phases of an Auto Accident Law Firm Accident Lawsuit

Damage to property, medical bills and lost wages can be significant after a car accident. An experienced lawyer can help you in obtaining the amount you are due.

The procedure varies from case-to-case, however, generally it starts with filing a complaint. This is followed by the discovery phase, trial and any appeals.

Medical Records

Medical records are a vital element in any auto accidents accident case. They can help the judge or jury comprehend how the accident affected your life, including the emotional, physical and financial burdens of your injuries. Medical records can also tell the story that insurance companies will have a difficult to argue.

You may only have a certain amount of time, based on the laws in your state and the policies of your doctor to obtain medical records. This is the reason why you should consult with a lawyer immediately following an accident. The law guarantees access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that you or your lawyer are the only ones able to view your medical records. Insurance companies are generally keen to look for anything that could suggest your injuries were pre-existing or not as severe as you think.

Your lawyer will use the medical records you provide to create the letter of demand that will include evidence in support of the damages you seek. Your lawyer should only provide the relevant medical documents to your insurance company. They might request you to allow them to access your complete medical record. This is not the best option for your claim, as it could reveal previous injuries that are not connected to the claim.

Reports of the Police

Police reports are prepared every time a law enforcement officer responds to an emergency call or accident, such as car accidents. Even though they're not admissible in court (they are deemed to be hearsay) They can provide invaluable information to attorneys investigating an accident and creating the case.

A police report is an objective assessment of what happened during the crash, based upon witness statements and observations regarding the damage to the vehicles, weather conditions, drivers, and so on. It's a crucial evidence piece that can aid you in winning your car accident lawsuit against the defendant.

You can typically request a copy of the records from the police precinct that handled the investigation. Call their non-emergency line and provide an invoice or an incident number as proof of identification. You can also request copies of police reports on the police department's website.

After your medical bills or property damage, as well as lost wages exceed the amount of a certain amount, then you'll need to start a lawsuit against the at-fault driver. The police report can prove to be a helpful tool in settlement negotiations, particularly when you can prove that the other driver was largely at fault, auto accident law firm based on an officer's observations. A lot of cases are settled without going to trial. It can take a while to complete the pre-trial steps and your case could not be resolved for a long time.

Insurance Company Negotiations

Once the adjuster has all of the information they require from you and your car accident investigation, he will make an offer of settlement. They will put all the facts and details into a program that will make their initial offer. They'll probably be able to come up with a figure which is lower than what you calculated from your study. When insurance companies make settlement offers, they have their own financial interest in their minds.

They will be looking to reduce the amount they are required to pay for medical bills and other damages. You can fight back by highlighting the ways in which your injuries could affect your life in the coming years. For instance, you can mention your increasing medical bills and lost earning potential, as as the physical and mental suffering you are experiencing.

Your attorney or you will create the letter of demand and submit it to an insurer. This letter should include all of the evidence that you have gathered including witnesses' statements and photographs of your injuries. Also, you'll make an inventory of your non-negotiables to ensure you can keep the insurance company from under-pricing you. Once an agreement has been reached the written settlement agreement will reflect it. It's not uncommon for back-and-forth to take place during these negotiations, but remaining calm will allow you to reach an acceptable settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery, during which the parties exchange information and evidence. Parties can request medical documents, police reports or witness statements. The parties may also trade interrogatories that are written questions which must be answered under an oath within the time limit. Additionally, your attorney will document the extent of your physical emotional and mental injuries and the additional damages you may seek to compensate for, including existing and projected future medical expenses, property damage and lost wages.

Your lawyer will also consult with experts like medical specialists as well as mechanics and engineers. These experts will help paint an appealing image of your crash and Auto Accident Law Firm the injuries you sustained for the jury.

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 settlement or fails to take your injuries and other damages into account your case is likely to go to trial.

While a small number of cases do go to trial it is important for victims to make a claim as soon as they can. Memories fade, witnesses die and evidence can disappear in time, making it harder to establish a compelling case to get the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which could be anywhere from one to six years.