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Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages could be significant following an accident. A knowledgeable attorney can help to get the compensation you need.

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

Medical Records

Medical records are an important element of any auto accident law firms accident lawsuit. They can assist the jury or judge understand the impact of the injury on your life. This includes the financial, emotional physical and emotional costs. Insurance companies will be unable to challenge the narrative told by medical records.

You may only have a specific amount of time, depending on the laws of your state and the policy of your doctor, to request medical records. This is the reason you should speak with your lawyer as soon as you can after an accident. The law guarantees access to these documents through the Health Information Portability and Accountability Act (HIPAA). This doesn't mean you or your lawyer are the only ones to view your medical records. Insurance companies are usually keen to look for anything that could suggest that your injuries were pre-existing or not as severe as you think.

Your lawyer will utilize your medical records to draft a demand letter, which will contain evidence to support the damages you are 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 the best option for your claim because it could reveal previous injuries that are not connected to this claim.

Reports of the Police

When a police officer responds to a request for assistance, or an accident, he produces a report. Although they aren't admissible in a court of law (they are deemed to be hearsay) They are a valuable source of information for attorneys who are conducting investigations and preparing cases.

A police report is an independent account of the crash, based on the witness' testimony and the officer's observations of the weather conditions, drivers, and other factors. It is an important piece of evidence which can assist you in winning an auto accident lawyers accident lawsuit.

You can usually request a copy from the precinct who handled the investigation. Call their non-emergency phone number and provide a receipt or an incident number as identification. You can request copies of your police report through the department's website.

You'll have to file a lawsuit against the driver responsible after your medical expenses or lost wages property damage reach a certain value. The police report can be a valuable tool in settlement negotiations, particularly in cases where you can show that the other driver was at blame based on the officer's observations. Many cases are settled without going to trial. It can take time to work through the pre-trial process and your case may not be resolved for a long time.

Insurance Company Negotiations

When the adjuster has all the information they need from you and your car accident investigation, they'll make a settlement offer. To generate their first offer, they'll enter all the details and facts into an application on computers. Most likely, they'll come up with a much smaller number than what you estimated in your study. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to reduce the amount they have to pay for medical bills and other damages. You can fight back by highlighting all the ways that your injuries could affect your life going forward. For auto accident Lawsuit instance, you could draw attention to your increasing medical bills, your diminished earning capacity and the physical and emotional suffering that you're currently experiencing.

Your lawyer or attorney will then prepare a demand letter and submit it to the insurer. The letter should contain all of the evidence that you've gathered, including witness statements and photos of your injuries. You should also create the list of your non-negotiables to ensure you can prevent the insurance company from negotiating with you. If an agreement is reached it will be documented in an agreement to settle in writing. It's normal for a back and forth to occur during these negotiations, but remaining in the moment will help you get a fair settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery, where the parties exchange information and evidence. Parties can request medical records and police reports as well as witness statements. The parties may also exchange interrogatories that are written questions which have to be answered on oath within a certain time. Your attorney will also document the severity of the physical mental, emotional, or psychological injuries you've suffered, in addition to any other damages which could be sought, such as the current and anticipated medical expenses as well as property damage and lost wages.

Your lawyer will confer with other experts like mechanics, medical specialists and engineers. These experts can assist the jury get clear information about the injuries and accidents you sustained.

Finally, your attorney will begin discussions with insurance companies to attempt to settle your claim with out a trial. However, if the insurance company is willing to offer you a low amount of money or does not take your injury and other damages into consideration, your case will likely progress to trial.

While a small number of cases do make it to trial, it is important for victims to file a lawsuit as soon as possible. With time memories fade, witnesses die and evidence is lost and makes it harder to make a strong claim to receive the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which can range from 1 to 6 years.