Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages may be substantial after an accident. An experienced lawyer can assist you receive the compensation you need.

The process may differ from case to case but generally, it starts with the filing of a complaint. This is followed by the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an essential component of any West springfield auto Accident attorney accident lawsuit. They will help the judge or jury to understand how the injury has affected your life, including the physical, emotional and financial costs of your injuries. Medical records can also tell a story that insurance companies will have a difficult to dispute.

You may only have a certain amount of time, depending on the laws of your state and the policy of your doctor, to request medical records. This is why you should contact your lawyer as soon as you can after an accident. The law guarantees access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that you or your lawyer are the only ones able to view your medical records. Insurance companies are always looking for any sign that suggests your injuries might not be the severity you claim or that you have a pre-existing condition.

Your lawyer will use your medical records in order to prepare a demand letters, which will include evidence to support the damages you seek. Your lawyer should only supply the relevant medical documents to your insurance company. They may require you to give them permission to access your entire medical record. This is not beneficial to your claim because it could reveal past injuries not related to the claim.

Reports of the Police

Police reports are produced every time a law enforcement officer responds to an emergency call for example, car accidents. While they cannot be used in the courts of law (they are deemed to be hearsay) They are a valuable source of information to attorneys when they are researching and preparing cases.

A police report provides an independent account of the crash from the witness' testimony as well as the officer's observations regarding the weather conditions, the drivers, and other factors. It's an important piece of evidence that could aid in winning an fallon auto accident attorney accident lawsuit.

You can usually request a copy of the records from the precinct responsible for the investigation. Call their non-emergency line and provide an invoice or an incident number for identification. You can request copies of the report on the police department's website.

After your medical expenses or property damage, as well as lost wages exceed a certain amount, you'll need to start a lawsuit against the driver at fault. The police report can be a useful tool in settlement negotiations, especially if you can prove that the other driver was largely at blame based on the officer's observations. However, many cases reach a settlement without ever going to trial. The pre-trial process can be long and your case may not be resolved until a year after filing it.

Insurance Company Negotiations

Once an adjuster has all the data they require from you, and the investigation into the accident, they will extend a settlement offer. They will put all the facts and details into a software program to create their initial offer. They'll most likely produce a number that is much lower than the one you calculated based on your investigation. When insurance companies make settlement offers, they have their own financial interests in mind.

They'll want to limit how much they will have to pay for medical bills and other damages. You can counter by highlighting the ways in which your injuries could affect your life going forward. For example, you can draw attention to your increasing medical bills, your decreased earning capacity, and the physical and emotional suffering that you're currently experiencing.

You or your lawyer will then prepare a demand letter and then present it to the insurance company. The letter should include all the evidence you've collected, including witness statements and photos of your injuries. Additionally, you should create an inventory of non-negotiables in order to ensure that the insurance company is not undervaluing your claim. When an agreement has been reached the written settlement agreement will reflect it. Negotiations can be a back and forth, however perseverance will aid in achieving a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, in which both parties exchange information and evidence. Parties can require medical records or police reports, and witness statements. The parties may also trade interrogatories which are written inquiries which have to be answered on the oath within a specified time. In addition, your attorney will document the extent of your physical emotional and mental injuries in addition to the other damages you could be seeking to recover that are incurred, such as future medical costs, property damage, and lost wages.

Your lawyer will talk to other experts, including medical specialists, mechanics, and engineers. These experts can help the jury to get a clear picture of your accident and injuries.

Then, your lawyer will begin discussions with insurance companies to attempt to settle your claim with out a trial. If the insurance company fails to offer you a fair settlement, or does not take into account your injuries and other damages, your case is likely to go to trial.

While a small number of cases do make it to trial, it is crucial for victims to file a lawsuit as soon as is possible. As time passes memories fade, witnesses die, and evidence disappears and makes it harder to present a compelling case to receive the maximum amount of compensation. You must also follow the statute of limitations in your state which can vary from 1 to 6 year.