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Phases of an Auto Accident Lawsuit

Injuries from car crashes could result in significant medical bills, property damage and lost wages. A knowledgeable attorney can help you receive the compensation that you need.

The procedure is different from case to case however, it generally begins with filing a complaint. Then comes the discovery phase along with any appeals.

Medical Records

Medical records are an essential element of any auto accident law firm accident lawsuit. They can help the judge or jury know how the injury affected your life, as well as the physical, emotional and financial consequences of your injuries. Medical records will also reveal the story that insurance companies will have a hard to dispute.

You might only have a limited amount of time, based on the laws in your state and the policy of your doctor to obtain medical records. This is the reason you should speak with your lawyer immediately 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 access your medical records. Insurance companies are generally keen to uncover anything that could suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will use the medical records that you supply to write the letter of demand, which includes evidence to justify the damages you want. Your lawyer should only give 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 as it may reveal past injuries not related to this claim.

Police Reports

Every time a police officer responds to a call for assistance, or an accident, he or she creates a police report. While they cannot be used in a court of law (they are deemed to be hearsay), they provide valuable information to attorneys in the process of investigating and preparing cases.

A police report provides an objective view of what transpired in the crash, based on witness testimony and observations by the officer regarding the damage to the vehicles as well as weather conditions, drivers and more. It's an important evidence that can aid in winning an auto accident law firm accident lawsuit.

Usually you can request a copy of your police report from the precinct that was responsible for the investigation by calling their emergency number and supplying a receipt or incident number to identify the report. You can request copies of your police report through the website of the police department.

You will need to file a lawsuit against the driver at fault when your medical bills as well as lost wages and damages to property reach the amount of. The police report can be an effective tool in settlement negotiations, Auto Accident Lawsuit especially if you can prove that the other driver was largely at blame based on the officer's observations. But, many cases settle settlements without ever going to trial. It can take a while to complete the pre-trial steps and your case may not be resolved for a year or more.

Insurance Company Negotiations

Once the adjuster has all the details they require from you and your car accident investigation, he will make an offer to settle. To make their first offer, they'll input all the information and details into a computer program. Most likely, they'll produce a significantly smaller amount than you anticipated using your study. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They'll seek to limit the amount they pay in medical bills and other damages. You can fight back if explain the negative effects your injuries could have on you and affect your life in future. You can, for example you can highlight the mounting medical bills and lost earnings potential, as well in the mental and physical pain you're experiencing.

Your lawyer or you then draft a demand letter and present it to the insurance company. This should include all the evidence you've collected and include witness statements, photographs of your injuries as well as any evidence to support your losses. Also, you'll make an outline of your non-negotiables to ensure you can keep the insurance company from undercutting you. Once you have reached an agreement, it will be reflected in a written settlement agreement. Negotiations often involve back and forth affair, but perseverance will ensure a fair settlement.

Legal Advice

The next phase in the car lawsuit involving an accident is discovery. During this process, both sides exchange information and evidence. Parties may request medical records and police reports as well as witness statements. The parties may also trade interrogatories which are written questions that must be answered on the oath within a specified time. Your attorney will also document the severity of the physical mental, emotional, or psychological traumas you've suffered in addition to any other damages that may be sought out, such as the amount of medical expenses you are currently and in the future as well as property damage and Auto Accident Lawsuit lost wages.

Your lawyer will also consult with experts like medical specialists mechanics, engineers and mechanics. These experts can assist the jury get clear information about your injuries and the accident.

Your attorney will then start negotiations with insurance companies 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 consideration, your case will likely proceed to trial.

Although a small percentage of cases make it to trial, it is essential for victims to make a claim as soon as possible. With time, memories fade, witnesses die and evidence is lost and makes it harder to present a compelling case for the highest amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which could range from 1 to 6 years.