Phases of an Auto Accident Lawsuit

Car crash injuries could result in significant medical bills, property damage, and even lost wages. An experienced lawyer can assist you in getting the justice you deserve.

The procedure can differ from case to case but usually starts with the filing of a complaint. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are a vital element of any auto accident law firm accident case. They will aid a jury or judge determine how the accident has affected your life, as well as the emotional, physical and financial costs of your injuries. Medical records will also reveal an insurance company a story they will have a hard to argue.

You might only have a limited amount of time, depending on the laws in your state and the policy of your doctor, to request medical records. Consult with your lawyer as soon after an accident as you can. Health Information Portability and Accountability Act (HIPAA) HIPAA guarantees your right to access these medical records. However, this doesn't mean that you or your lawyer are the only ones who can look over your medical records. Insurance companies are always looking for evidence that might suggest your injuries might not be as severe as you claim or pre-existing.

Your lawyer will use the medical information that you supply to write a letter of demand that will include evidence supporting the damages you're seeking. Your lawyer must only provide the relevant medical documents to your insurance company. They may require you to give them permission to access your complete medical record. This is not beneficial to your claim because it could reveal previous injuries that are not connected to this claim.

Police Reports

Each time a police officer responds to a request for help, which could include an accident, he or she produces a report. While they're not admissible in court (they are considered to be hearsay) they can provide invaluable information to attorneys investigating an incident and preparing the case.

A police report provides an objective account of what happened in the auto accident attorneys, based on witness testimonies and the officer's observations regarding the damage to the vehicles, weather conditions, drivers, and so on. It's an important evidence piece that can help you win your lawsuit for car accidents against the defendant.

You can usually request a copy from the police precinct that handled the investigation. Contact their non-emergency number and provide the receipt or incident number for identification. The police department might also have a website on which you can request copies of your records online.

If your medical bills or property damage, as well as lost wages exceed an amount that is a certain amount, you will need to file a lawsuit against the at-fault driver. The police report can be an effective tool for settlement negotiations, especially when you can establish the other driver's fault from the evidence provided by the officer. A lot of cases are settled without going to trial. It may take some time to work through the pre-trial steps and your lawsuit might not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all of the information they need from you and the car accident investigation and investigation, they will make an offer for settlement. They will enter all the facts and details into a computer program in order to create their initial offer. They'll likely come up with a number which is significantly lower than the number you calculated from your research. When insurance companies make settlement offers, they have their own financial interests in their minds.

They will want to limit how much they have to pay in medical bills and Auto Accident Lawsuit other damages. You can counter by pointing out the many ways that your injuries could affect your life in the coming years. For instance, you could refer to your rising medical bills, your lost earning potential, and the emotional and physical suffering you're going through.

Your attorney or you then prepare an order letter and then present it to an insurer. The letter should contain all of the evidence that you've collected, including witness statements and photos of your injuries. You should also create the list of your non-negotiables so you can stop the insurance company from undercutting you. If an agreement is reached, it will be reflected in an agreement to settle in writing. Negotiations can be a back and forth affair, but staying 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. Parties can request medical records and police reports, and witness statements. They will also send another interrogatories (written questions that need to be completed under oath at the end of the specified time). In addition, your attorney will document the extent of your physical, emotional and psychological injuries as well as the other damages you could be seeking to recover that are incurred, such as future medical expenses, property damage and lost wages.

Your lawyer will speak with other experts, such as mechanics, medical professionals, and engineers. These experts can assist the jury get an accurate picture of the injuries and accidents you sustained.

Your attorney will then start discussions with insurance companies in order to settle your case without a trial. If the insurance company does not provide you with a fair settlement, or does not consider your injuries and other damages, your case is likely to go to trial.

While only a few cases get to trial, it is crucial for victims to start a lawsuit as quickly as is possible. Memories fade, witnesses disappear, and evidence could be lost over time making it more difficult to establish a compelling argument for the most compensation. It is also important to adhere to the statute of limitations for your state, which can vary from 1 to 6 years.