Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages could be significant following an auto accident lawyer accident. An experienced lawyer can help to get the compensation you require.

The process may differ depending on the case, but generally, it begins with the filing of an accusation. This is followed by the discovery phase along with any appeals.

Medical Records

Medical records are an important part of any auto accident lawsuit. They will assist jurors or judges determine how the accident has impacted your life, including the physical, emotional and financial burdens of your injuries. Medical records will also provide an account that insurance companies will have a hard to argue.

Based on the laws of your state and your doctor’s policy In some states, you’ll have the time to request medical documents from healthcare providers. This is the reason why you should speak with your lawyer as soon as possible following an accident. The law protects 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 can view your medical records. Insurance companies are generally keen to discover anything that may suggest your injuries were pre-existing or not so severe as you say.

Your lawyer will utilize the medical records that you supply to write the letter of demand, which includes evidence to justify the damages you are seeking. It is important that your lawyer only send relevant medical records to the insurance company because they could ask you to sign an authorization that permits them to access all of your medical records. This is not beneficial to your claim, as it could expose past injuries that are not relevant to this claim.

Police Reports

Every time a police officer responds to a request for help, which could include an accident, he makes a police report. While they’re not admissible in court (they are considered hearsay) they can provide valuable information to attorneys investigating an accident and creating cases.

A police report is an objective report of what happened in the crash, based on witness statements and observations about the vehicle’s damage and weather conditions, drivers and more. It is a crucial piece of evidence which can assist you in winning an auto accident lawsuit.

You can usually request a copy from the police precinct that handled the investigation. Contact their non-emergency number and provide an invoice or an incident number as proof of identification. The police department may have a website where you can request copies online.

You’ll have to file a suit against the driver responsible when your medical bills, lost wages, and property damage exceed an amount. The police report can be an important tool in settlement negotiations, especially when you can establish the other driver’s fault from the evidence provided by the officer. However, many cases reach an agreement without ever going to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until a year after filing it.

Insurance Company Negotiations

Once an adjuster has all the details they require from you and the investigation into the accident, they will extend an offer of settlement. They will put all the information and facts into a computer program to make their initial offer. Most likely, they will come up with a much smaller amount than you anticipated using your research. It’s important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.

They will wish to limit the amount they are required to pay for medical bills and other damages. You can fight back by highlighting all the ways your injuries will impact your life going forward. For instance, you could highlight your growing medical bills, auto accident your decreased earning capacity and the emotional and physical pain you’re going through.

You or your lawyer will prepare a demand form and send it to the insurer. This letter will include all of the evidence that you’ve gathered such as witness statements and photos of your injuries. Also, you’ll make a list of your non-negotiables, so you can deter the insurance company from lowballing you. When an agreement is reached it will be documented in an agreement for settlement in writing. Negotiations can be a back and auto accident forth, however being patient can aid in achieving a fair settlement.

Legal Advice

The next phase in the car lawsuit involving an accident is discovery, in which both sides exchange information as well as evidence. Parties may request medical records, police reports, and witness statements. They will also provide each other interrogatories (written questions that have to be answered under oath by end of the specified time). Your lawyer will also record the severity of the physical, emotional, and psychological traumas you’ve suffered in addition to any other damages that might be sought, such as current and projected medical expenses or property damage, as well as lost wages.

Your lawyer will also confer with experts such as medical professionals mechanics, engineers, and mechanics. These experts will help paint the vivid picture of your crash and your injuries for the jury.

Finally, your attorney will begin negotiations with insurance companies to try to settle your claim without trial. If the insurance company provides you with a low amount of money or does not take your injuries and other damages into account, your case will likely go to trial.

Although a small percentage of cases make it to trial, it is important for victims to make a claim as soon as possible. With time memories fade, witnesses die, and evidence disappears and it becomes more difficult to make a strong claim for the most compensation. Furthermore, you have to comply with the statute of limitations in your state, which could range from 1 to 6 years.