Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in significant medical bills, property damage, and even lost wages. An experienced lawyer can help you receive the compensation that you need.

The process may differ from case to case, but usually starts with the filing of an action. This is followed by the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an important part of any auto accident law firm accident lawsuit. They will aid jurors or judges know how the injury impacted your life, including the physical, emotional and financial burdens of your injuries. Insurance companies will find it difficult to refute the story portrayed by medical records.

You may only have a certain amount of time, based on the laws of your state and the policy of your doctor, to request medical records. This is why you should discuss your legal needs as soon as possible after an accident. The law safeguards your access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer will be able to examine your medical records. Insurance companies are generally keen to discover anything that may suggest your injuries were pre-existing or not as severe as you think.

Your lawyer will utilize your medical records to create a demand letter which will contain evidence to support the damages you're seeking. It is imperative to ensure that your lawyer provides 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 beneficial to your claim because it could expose past injuries that are not relevant to the claim.

Reports of the Police

Police reports are created each time a police officer responds to an emergency, including car accidents. While they cannot be used in the courts of law (they are deemed to be hearsay), they provide valuable information for attorneys when investigating and preparing their cases.

A police report provides an impartial account of the accident from the witness' testimony as well as the officer's observations of the weather conditions, drivers, and other aspects. It is a significant piece of evidence that could 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. Call their emergency line and provide an invoice or an incident number to prove your identity. The police department may have a website where you can request copies online.

You will need to file a lawsuit against the driver at fault when your medical bills or lost wages property damage exceed an amount. The police report can be an effective tool during settlement negotiations, especially in cases where you can show that the other driver was largely at fault based on the police officer's observations. Many cases are settled without having to go 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 an adjuster has all the data they need from you and the investigation into the accident, they will extend an offer of settlement. They will input all the information and facts into a computer program in order to generate their initial offer. They'll likely arrive at a figure that's much lower than what you calculated from your study. When insurance companies make settlement offers, they've got their own financial interests in mind.

They will seek to limit the amount they have to pay in medical bills and other damages. You can fight back by highlighting all the ways your injuries will negatively impact your life in the future. For instance, you could point to your mounting medical bills, the loss of earning capacity, and the emotional and physical pain you're suffering.

Your lawyer or auto accident Lawsuit you then prepare a demand letter and submit it to the insurance company. This should include all the evidence you've collected and include witness statements, photographs of your injuries, as well as documents that support your losses. Also, you will create an outline of the things you will not negotiate to stop the insurance company from undervaluing your claim. If an agreement is reached the agreement will be recorded in an agreement for settlement in writing. It's normal for a back and forth to take place during these negotiations, but being in the moment will help you get an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, in which the parties exchange information and evidence. Parties may require medical records or police reports, and witness statements. The parties can also exchange interrogatories that are written questions that have to be answered under oath within a certain time. Your attorney will also write down the extent of the physical mental, emotional, or psychological injuries you've suffered, and any other damages that may be sought, such as the amount of medical expenses you are currently and in the future, property damage, and lost wages.

Your lawyer will talk to other experts, including medical specialists, mechanics, and engineers. These experts can assist the jury to get a clear picture of the injuries and accidents you sustained.

Finally, your attorney will begin discussions with insurance companies to try to settle your claim with out a trial. If the insurance company is willing to offer you a low settlement or does not take your injury and auto accident lawsuit other damages into account the case could proceed to trial.

While a small number of cases do go to trial it is important for victims to start a lawsuit as quickly as is possible. As time passes memories fade, witnesses die and evidence is lost which makes it more difficult to present a compelling case to receive the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which can vary from 1 to 6 years.