Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages could be substantial after an auto accident attorneys accident. A knowledgeable attorney can help you receive the compensation you need.

The procedure can differ from case-to-case, but generally, it begins with the filing of an accusation. Then comes the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are a vital element in any auto accident law firms accident case. They will help the judge or jury to comprehend how the accident had an impact on your life, including the physical, emotional and financial cost of your injuries. Insurance companies will have a hard time to refute the story portrayed by medical records.

You may only have a specific amount of time, contingent on the laws of your state and the policy of your doctor, to obtain medical records. This is why it is important to discuss your legal needs whenever you can following an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA is a law that protects your right to access these medical records. However, this does not mean that only you or your attorney can examine your medical records. Insurance companies are always looking for any sign that could indicate that your injuries aren't as severe as you think or have a pre-existing condition.

Your lawyer will use the medical information you provide to draft an order letter that includes evidence to justify the damages you're seeking. Your lawyer should only give the relevant medical documents to your insurance company. They might request you to allow them to access your complete medical record. This is not in the best interest of your claim, as it could expose past injuries that are not relevant to this claim.

Police Reports

Police reports are prepared each time a police officer responds to an emergency, including car accidents. Although they aren't admissible in the courts of law (they are deemed to be hearsay) they are valuable information for attorneys when investigating and preparing cases.

A police report is an objective assessment of what happened in the crash, based on witness testimony and observations by the officer about the vehicles' damage as well as weather conditions, drivers and more. It's an important piece of evidence that could assist you in winning a lawsuit for car accidents.

You can typically request a copy from the precinct responsible for the investigation. Call their non-emergency line and provide an invoice or an incident number to prove your identity. You can request copies of the report through the department's website.

After your medical expenses or property damage, as well as lost wages reach a certain amount, you will need to file a lawsuit against the at-fault driver. The police report can be a useful tool during settlement negotiations, especially when you can demonstrate that the other driver was at blame based on the officer's observations. In many cases, auto accident Law Firms however, the parties reach an agreement without ever going to trial. It could take a long time to complete the pre-trial procedures and your case may not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the data they need from you and the investigation of the car accident They will then extend an offer for settlement. They will then input all the facts and details into a computer program in order to create their initial offer. They'll most likely arrive at a figure which is lower than what you calculated based on your research. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll want to limit how much they pay in medical bills and other damages. You can fight back if mention how your injuries will negatively impact your life in the coming years. For instance, you can point to your mounting medical bills, your lost earning capacity and the emotional and physical suffering that you're currently experiencing.

Your lawyer or attorney will create a demand letter and present it to the insurance company. It should include all the evidence you have gathered including witness statements, photos of your injuries, as well as documents supporting your losses. You should also create an inventory of your non-negotiables, so you can deter the insurance company from undercutting you. Once you have reached an agreement and ratified, it will be included in an agreement to settle in writing. Negotiations are often a back and forth, however staying patient will assist you in negotiating an equitable settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery, during which both sides exchange information and evidence. Parties can request medical documents, police reports or witness statements. The parties may also exchange interrogatories which are written questions that have to be answered under an oath within the time limit. Additionally your attorney will provide documentation of the extent of your physical emotional and psychological traumas and the additional damages you might seek compensation for that are incurred, such as future medical costs, property damage, and lost wages.

Your lawyer will also confer with experts like medical specialists, mechanics and engineers. They will help paint a an appealing image of your crash and the injuries you sustained for the jury.

Your attorney will then begin discussions with insurance companies in order to resolve your case with no trial. If the insurance company offers a low amount of money or does not take your injuries and other damages into account your case is likely to progress to trial.

While only a few cases make it to trial, it is vital for the victims to start a lawsuit as quickly as is possible. As time passes, memories fade, witnesses die and evidence is lost and makes it harder to file a convincing claim for the most compensation. Furthermore, you have to comply with the statute of limitations in your state, which could vary from 1 to 6 years.