Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages may be substantial after an auto accident. An experienced lawyer can assist you in obtaining the financial justice you deserve.

The procedure is different from case to case but generally starts by filing an action. This is followed by the discovery phase trial, and any appeals.

Medical Records

Medical records are an important element in any auto accident lawsuit. They can assist the jury or judge comprehend the impact of the injury on your life. This includes the financial, emotional physical, and emotional costs. Insurance companies will have a hard time to challenge the narrative told by medical records.

You might only have a limited period of time, based on the laws in your state and the policy of your doctor to obtain medical records. You should consult your lawyer as soon following an accident as it is possible. The law provides access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones able to look over your medical records. Insurance companies are often keen to find anything that might suggest that your injuries are pre-existing or not so severe as you say.

Your lawyer will use the medical information that you supply to write the letter of demand that will include evidence in support of the damages you're seeking. Your lawyer should only provide the relevant medical records to your insurance company. They may ask you to grant them permission to access your complete medical record. This is not in your best interests as it could reveal past injuries that aren't directly related to the present claim.

Reports of the Police

Police reports are prepared every time a law enforcement officer responds to an emergency or accident, such as car accidents. Although they are not admissible in the courts of law (they are deemed to be hearsay), they provide valuable information to attorneys when they are researching and preparing cases.

A police report gives an impartial account of the accident from the witness testimony of the officer and his observations regarding the weather conditions, drivers, and other aspects. It is a crucial piece of evidence that can aid in winning an auto accident attorneys accident lawsuit.

Usually you can request a copy your police report from the precinct which was responsible for the investigation by calling their non-emergency phone number and providing the receipt or incident number to identify it. You can also request copies of records through the website of the police department.

After your medical expenses, property damage and lost wages are at the amount of a certain amount, then you will need to bring a lawsuit against the driver who is at fault. The police report is an effective tool for settlement negotiations, especially in cases where you can prove other driver's responsibility through the observations of the officer. In many cases, however, the parties reach an agreement without going to trial. It can take time to complete the pre-trial process and your case might not be resolved for a year or more.

Insurance Company Negotiations

After the adjuster has all of the details they require from you and your vehicle accident investigation, he will make an offer for settlement. They will enter all the facts and details into a software program to create their initial offer. Most likely, they will come up with a much smaller amount than you anticipated from your investigation. When insurance companies offer settlement offers, they've got their own financial interests in mind.

They'll seek to limit the amount they are required to pay for medical bills and other damages. You can counter by highlighting the many ways that your injuries will impact your life going forward. For instance, you can point to your mounting medical bills, your lost earnings capacity and the emotional and physical pain you're going through.

Your attorney or you will then prepare the letter of demand and then present it to an insurer. It should include all the evidence you have collected such as witness statements, photographs of your injuries and any documents that support your losses. Also, you will create an inventory of non-negotiables in order to ensure that the insurance company is not undervaluing your claim. Once you have reached an agreement, it will be reflected in the form of a written settlement agreement. Negotiations often involve back and forth, but staying patient will ensure a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which the parties exchange information and evidence. Parties can seek medical records and police reports, as well as witness statements. They can also send any additional interrogatories (written questions to be answered under oath by end of the specified time). In addition the attorney will also document the extent of your physical emotional and mental injuries and any other damages that you could seek compensation for that are incurred, such as future medical expenses, property damage and lost wages.

Your lawyer will also talk with experts such as medical specialists as well as mechanics and engineers. These experts can assist the jury to get a clear picture of your injuries and accident.

Your lawyer will then start discussions with insurance companies to resolve your case without trial. If the insurance company provides you with a low amount of money or fails to take your injuries and other damages into account your case is likely to proceed to trial.

It is vital that victims file a lawsuit immediately, even if only a handful of cases make it to court. Memories fade, witnesses pass away, and evidence can be lost in time making it more difficult to build a strong argument for the most compensation. It is also important to adhere to the statute of limitations in your state which can range from 1 to 6 year.