Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages could be substantial after a car accident. An experienced lawyer can help you in obtaining the compensation you deserve.

The procedure varies from case to case, but generally, it begins with filing an action. Then comes the discovery phase along with any appeals.

Medical Records

Medical records are an important element in any auto accident lawsuit. They can help a jury or judge determine how the accident has impacted your life, including the emotional, physical and financial cost of your injuries. Medical records will also reveal a story that insurance companies will have a hard to dispute.

You might only have a particular amount of time, based on the laws in your state and the guidelines of your physician, to request medical records. This is why you should speak with your lawyer immediately following an accident. The law safeguards your access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your attorney can access your medical records. Insurance companies constantly look for evidence that could indicate your injuries might not be as severe as you think or that you have a pre-existing condition.

Your lawyer will use the medical information you provide to draft the letter of demand, which will include evidence in support of the damages you seek. Your lawyer should only supply the relevant medical records 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 since it could expose past injuries that are not relevant to the claim.

Police Reports

Police reports are produced each time a law enforcement officer responds to an emergency, including car accidents. While they cannot be used in a court of law (they are considered to be hearsay) they can provide valuable information to attorneys in the process of investigating and preparing their cases.

A police report is an objective account of the incident which is based on the witnesses' testimony and the officer's observations of the weather conditions, drivers, and other elements. It's an important evidence that can aid in winning an auto accident law firm accident lawsuit.

You can usually request a copy of the records from the precinct responsible for the investigation. Call their non-emergency phone number and provide an original receipt or an incident number as identification. You can also request copies of records through the police department's website.

You will need to file a suit against the driver who was at fault once your medical bills, lost wages, and property damage reach an amount. The police report can be a valuable tool in settlement negotiations, particularly if you can prove that the other driver was at fault based on the police officer's observations. A lot of cases are settled without going to trial. It can take time to work through the pre-trial process and your case might not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the details they require from you, and the investigation into the accident They will then extend an offer for settlement. To create their initial offer, they'll input all the information and details into an application on computers. Most likely, they will make a less than the amount you calculated based on your investigation. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They will wish to limit the amount they pay in medical bills and other damages. You can fight back if you explain the way your injuries will affect your life in the near future. For instance, you can mention your increasing medical bills and the loss of earning potential, as in the mental and physical suffering you're experiencing.

Your attorney or you then prepare an order letter and then present it to an insurer. The letter should contain all the evidence you've collected, including witnesses' statements and photographs of your injuries. You should also create an inventory of your non-negotiables so you can prevent the insurance company from negotiating with you. Once an agreement has been reached the written settlement agreement will reflect it. Negotiations are usually back and forth affair, but being patient can aid in achieving an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. The parties may seek medical records, police reports, and witness statements. The parties can also exchange interrogatories which are written inquiries which must be answered under an oath within the time limit. Your attorney will also write down the extent of the physical, emotional, and psychological injuries you've suffered, and Auto Accident Lawsuit any other damages that may be sought, such as future and current medical expenses along with property damage, lost wages.

Your lawyer will also confer with experts like medical specialists, mechanics and engineers. These experts will help paint an appealing picture of the crash and your injuries for the jury.

Then, your lawyer will begin negotiations with insurance companies to attempt to settle your claim without trial. However, if the insurance company offers you a low amount of money or does not take your injury and other damages into account your case is likely to be heard at trial.

While a small number of cases do make it to trial, it is important for victims to begin a lawsuit as soon as they can. Over time memories fade, witnesses pass away and evidence is lost and it becomes more difficult to present a compelling case for the highest amount of compensation. You must also comply with the statute of limitations for your state, which can vary from 1 to 6 years.