Phases of an Auto Accident Lawsuit

Car crash injuries can result in substantial medical bills, property damage and lost wages. An experienced lawyer can assist to get the compensation you require.

The process can vary from case to case, but typically, it starts with the filing of an action. The discovery phase, trial, and appeals follow.

Medical Records

Medical records are an essential element in any auto accident attorneys accident lawsuit. They will help the judge or jury to determine how the accident has had an impact on your life, including the emotional, physical and financial burdens of your injuries. Medical records will also reveal the story that insurance companies will have a hard time disputing.

You might only have a limited amount of time, contingent on the laws of your state and the guidelines of your physician, to request medical records. You should speak with your lawyer as soon following an accident as it is possible. Health Information Portability and Accountability Act (HIPAA) HIPAA, protects your right to access these records. This does not mean you or your lawyer are the only ones to access your medical records. Insurance companies are always looking for evidence that suggests your injuries may not be as severe as you claim or pre-existing.

Your lawyer will make use of the medical records you provide to draft the letter of demand, which includes evidence to justify the damages you seek. It is essential that your lawyer only provides relevant medical documents to the insurance company, as they may ask you to sign a medical authorization that permits them to access all of your medical records. This is not in your best interests as it could reveal past injuries that aren't connected to the present claim.

Reports of Police

Every time a police officer responds to a request for help, such as an accident, he prepares a police report. While they cannot be used in the courts of law (they are deemed to be hearsay) they can provide valuable information for attorneys when investigating and preparing cases.

A police report provides an objective account of what happened in the accident, based on witness statements and the officer's observations about the vehicles' damage, weather conditions, drivers and more. It is a crucial evidence that can aid in winning an auto accident lawyers accident lawsuit.

Typically you can request a copy your police report from the local police department that was responsible for the investigation by calling their emergency number and providing an incident or receipt to identify the report. The police department may have a website where you can request copies online.

After your medical bills and property damage as well as lost wages reach an amount you can afford, you'll need to make a claim against the driver who is at fault. The police report can be a useful tool during settlement negotiations, especially in cases where you can show that the other driver was largely at fault, based on an officer's observations. But, many cases settle an agreement without going to trial. The process of preparing for trial 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 details they require from you, auto accident lawsuit and the car accident investigation, they will extend a settlement offer. They will then input all the facts and details into a software program to make their initial offer. They'll likely arrive at a figure which is lower than what you calculated from your research. It's important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll want to limit the amount they have to pay for your medical bills and other damage. You can counter by highlighting all the ways that your injuries could affect your life in the near future. For instance, you could highlight your growing medical bills, your lost earning capacity and the physical and emotional suffering that you're currently experiencing.

Your lawyer or you will then draft a demand letter and send it to the insurer. This will include all the evidence you have gathered including witness statements, photographs of your injuries, as well as documents that support your losses. You'll also make a list of the items you cannot negotiate, so you can stop the insurance company from negotiating with you. If an agreement is reached the agreement will be recorded in the form of a written settlement agreement. Negotiations are often a back and forth, however being patient can assist you in negotiating an equitable settlement.

Legal Advice

The next phase in the car lawsuit involving an accident is discovery, during which both sides exchange information as well as evidence. Parties can seek medical documents, police reports or witness statements. The parties may also trade interrogatories which are written questions which have to be answered on oath within a certain time. Your attorney will also record the extent of physical mental, emotional, or psychological traumas you've suffered as well as any other damages that may be sought, such as future and current medical expenses along with property damage, lost wages.

Your lawyer will consult with other experts, including medical specialists, auto accident lawsuit mechanics and engineers. They will help paint a a vivid picture of the crash and the injuries you sustained for the jury.

Your lawyer will begin negotiations with insurance companies in order to attempt to settle your claim without a trial. If the insurance company doesn't offer an equitable settlement or does not consider your injuries and other damages your case will likely be heard in court.

It is vital that victims file a lawsuit immediately, even if only a handful of cases get to court. Over time, memories fade, witnesses die and evidence is lost and makes it harder to present a compelling case for the most compensation. You must also follow your state's statute of limitations, which can vary from 1 to 6 years.