Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in significant medical bills along with property damage and lost wages. A knowledgeable attorney can assist you in getting the amount of compensation you deserve.

The process varies from case-to-case, auto accident lawsuit however, it generally begins with filing an action. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an essential element in any auto accident lawsuit. They can help jurors or judges to comprehend the impact of the injury on your life. This includes the financial, emotional, and physical costs. Insurance companies will have a hard time to dispute the story told by medical records.

In accordance with the laws of your state and your doctor's guidelines You may be granted limited time to request medical documents from healthcare providers. You should speak with your lawyer as soon following an accident as it is possible. The law protects your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your lawyer can see your medical records. Insurance companies are always looking for any sign that might suggest your injuries may not be as severe as you claim or if you have pre-existing injuries.

Your lawyer will make use of the medical records you provide to prepare the letter of demand, which will include evidence supporting the damages you want. It is essential that your lawyer only provide relevant medical records to the insurance company, as they may request you to sign an authorization that allows them to access all of your medical records. This is not in your best interests as it could reveal past injuries that aren't directly related to the current claim.

Police Reports

Police reports are prepared every time a law enforcement officer responds to an emergency call and also car accidents. Although they are not admissible in the courts of law (they are deemed to be hearsay) They are a valuable source of information to attorneys in the process of researching and preparing cases.

A police report provides an objective assessment of what happened in the accident, based on witnesses' statements and the officer's observations about the vehicle's damage the weather, the drivers and more. It's an important piece of evidence that can assist you in winning an auto accident lawsuit.

Typically you can request a copy your police report from the police station that was responsible for the investigation by calling their non-emergency phone number and providing a receipt or incident number to identify it. You can request copies of the report through the department's website.

You'll have to file a lawsuit against the driver who was at fault once your medical bills along with lost wages and property damage exceed a certain value. The police report can be an effective tool during settlement negotiations, especially when you can prove that the other driver was largely at blame based on the officer's observations. However, many cases reach 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 the adjuster has all of the details they require from you and your automobile accident investigation, he will make an offer for settlement. To generate their first offer, they'll enter all the information and details into an online program. They'll likely be able to come up with a figure that's much lower than what you calculated based on your research. When insurance companies make settlement offers, they've got their own financial interests in their minds.

They'll want to reduce the amount they'll need pay for medical expenses and other damages. You can fight back by highlighting all the ways your injuries will affect your life going forward. For instance, you can draw attention to your increasing medical bills, your lost earnings capacity and the physical and emotional suffering you're going through.

Your attorney or you will then prepare an order letter and then present it to an insurer. This should include all the evidence you have gathered and include witness statements, photos of your injuries, as well as documentation supporting your losses. Also, you'll make an inventory of your non-negotiables so you can deter the insurance company from negotiating with you. Once an agreement is reached it will be documented in a written settlement agreement. Negotiations are usually back and forth process, but perseverance will help you achieve an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which the parties exchange information and evidence. Parties may seek medical records and police reports, and auto accident Lawsuit witness statements. They will also provide any additional interrogatories (written questions that have to be completed under oath at the deadline). Your attorney will also record the severity of physical psychological, emotional, and physical injuries you have suffered, and any other damages that might be sought, like future and current medical expenses or property damage, as well as lost wages.

Your lawyer will also speak with experts, such as medical experts mechanics, engineers, and mechanics. These experts can assist the jury get a clear picture of your injuries and accident.

Your attorney will then start discussions with insurance companies to settle your case without trial. If the insurance company offers a low amount of money or does not take your injuries and other damages into consideration your case is likely to go to trial.

It is vital that victims file a lawsuit immediately, even though few cases make it to court. With time, memories fade, witnesses pass away, and evidence disappears and it becomes more difficult to present a compelling case for the most compensation. Additionally, you must comply with the statute of limitations in your state, which can range from 1 to 6 years.