Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages may be significant following an accident in the car. A knowledgeable attorney can assist you in receiving the compensation you deserve.

The process may differ depending on the case, but generally, it begins with the filing of an action. The discovery phase, trial, and appeals follow.

Medical Records

Medical records are a vital element in any auto accident attorneys accident case. They can help jurors or judges determine the impact of the injury on your life. This includes the emotional, financial, and physical costs. Medical records can also tell an account that insurance companies will have a tough to dispute.

You might only have a limited amount of time, depending on the laws of your state and the policies of your doctor to request medical records. It is recommended to consult with your lawyer as soon following an accident as possible. The law protects your access to these records through the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones who are able to view your medical records. Insurance companies are always looking for evidence that could indicate your injuries might not be as severe as you think or pre-existing.

Your lawyer will use your medical records to prepare a demand letter that will include evidence to support the damages you seek. It is important that your lawyer only provide relevant medical records to the insurance company because they could ask you to sign an authorization that allows them to access all of your medical records. This is not beneficial to your claim, as it could reveal past injuries not related to the claim.

Police Reports

Each time a police officer responds to a request for assistance, or an accident, he prepares a police report. Although they are not admissible in a court of law (they are deemed to be hearsay), they provide valuable information for attorneys when investigating and preparing cases.

A police report is an objective report of what happened during the crash, based on witness testimony and observations by the officer about the vehicles' damage and weather conditions, drivers and Auto Accident Lawsuit more. It's a crucial piece of evidence that can help you win your car accident lawsuit against the defendant.

Typically you can request a copy your police report from the precinct which handled the investigation by calling their non-emergency number and providing a receipt or incident number to identify the report. You can also request copies of records on the police department's website.

If your medical bills or property damage, as well as lost wages are at an amount you can afford, you'll need to file a lawsuit against the driver who is at fault. The police report is a valuable tool in settlement negotiations, especially in cases where you can prove other driver's negligence through the observations of the officer. In many cases, however, the parties reach an agreement without going to trial. It may take some time to work through the steps before trial and your case might not be resolved for a long time.

Insurance Company Negotiations

After the adjuster has all of the information they need from you as well as your car accident investigation, they'll make a settlement offer. In order to create their first offer, they'll enter all the information and details into an online program. They will most likely be able to come up with a figure that is much lower than the one you calculated from your research. It's important to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll want to limit the amount they'll have to pay for medical expenses and other damages. You can fight back by pointing out all the ways your injuries will affect your life in the coming years. For instance, you could point to your mounting medical bills, your diminished earning capacity, and the emotional and physical pain you're going through.

Your attorney or you prepare an order letter and auto accident lawsuit then present it to an insurance company. The letter should contain all of the evidence that you've gathered, including witness statements and photos of your injuries. You should also create a list of your non-negotiables, so you can keep the insurance company from negotiating with you. When an agreement has been reached the written settlement agreement will reflect it. Negotiations can be a back and forth process, but remaining patient will assist you in negotiating an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. The parties can request medical documents, police reports or witness statements. They will also provide any additional interrogatories (written questions that need to be completed under oath at the end of the specified time). Additionally your lawyer will record the extent of your physical emotional and psychological traumas in addition to the other damages you could be seeking to recover such as current and anticipated future medical costs, property damage, and lost wages.

Your lawyer will also confer with experts such as medical professionals, mechanics and engineers. These experts will help paint an accurate image of your crash and the injuries you sustained for the jury.

Finally, your attorney will begin discussions with insurance companies to attempt to resolve your claim without trial. If the insurance company offers a low settlement or fails to take your injuries and other damages into account the case could go to trial.

While a small number of cases do go to trial, it is important for victims to begin a lawsuit as soon as they can. With time, memories fade, witnesses die and evidence is lost which makes it more difficult to present a compelling case for the most compensation. You must also adhere to your state's statute of limitations which can vary between 1 and 6 years.