Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages may be substantial following an accident. An experienced lawyer can help you in obtaining the amount you are due.

The procedure can differ depending on the case, but typically, it starts with the filing of an accusation. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an important element in any auto accident lawsuit. They will help a jury or judge know how the injury affected your life, as well as the emotional, physical and financial burdens of your injuries. Medical records can also tell the story that insurance companies will have a tough time disputing.

You may only have a specific amount of time, based on the laws of your state and the policies of your doctor to request medical records. This is the reason you should consult with a lawyer whenever you can following an accident. The law protects your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer are able to access your medical records. Insurance companies are usually keen to look for anything that could suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will utilize the medical records you provide to prepare an order letter that will include evidence supporting the damages you want. Your lawyer should only supply the relevant medical documents to your insurance company. They might ask you to authorize them to access your entire medical record. This is not in your best interests since it could reveal previous injuries that aren't related to the current claim.

Reports of the Police

Every time a police official responds to a call for assistance, or an accident, he or she produces a report. While they're not admissible in court (they are considered hearsay) however, they provide important information to attorneys when investigating an incident and preparing cases.

A police report offers an impartial account of the accident which is based on the witnesses' testimony as well as the officer's observations of the weather conditions, the drivers, and other aspects. It's an important piece of evidence that can help you win an la joya auto accident attorney accident lawsuit.

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

You will need to file a lawsuit against the person who caused the accident after your medical expenses, lost wages, and property damage reach a certain value. The police report can prove to be a helpful tool during settlement negotiations, especially when you can demonstrate that the other driver was largely at blame based on the officer's observations. In many cases, however, the parties reach an agreement without ever going to trial. It may take some time to work through the pre-trial procedures and your case might not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the information they require from you, and the investigation into the car accident is complete, they will offer an offer for settlement. To generate their first offer, they will enter all the details and facts into an application on computers. Most likely, they'll make a less than the amount you calculated in your research. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to limit how much they pay in medical bills and other damages. You can counter by highlighting all the ways that your injuries could affect your life in the coming years. You could, for Vimeo instance, point out your mounting medical bills and your lost earning potential, as well as the physical and mental suffering you're experiencing.

Your lawyer or you then draft a demand letter and then present it to the insurance company. The letter should contain all of the evidence that you've collected, including witness statements and photos of your injuries. You will also create an inventory of non-negotiables in order to keep the insurance company from undervaluing your claim. Once an agreement is reached and ratified, it will be included in an agreement to settle in writing. Negotiations often involve back and forth, however being patient can help you achieve a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which the parties exchange information and evidence. Parties can seek medical records, police reports and witness statements. They will also send each other interrogatories (written questions that need to be answered under oath by expiration of a specific time). Your attorney will also document the extent of the physical, emotional, and psychological injuries you have suffered, and any other damages that may be sought out, such as current and projected medical expenses, property damage, and lost wages.

Your lawyer will consult with other experts, like mechanics, medical specialists and engineers. These experts will help paint a an accurate picture of the crash and the extent of your injuries to the jury.

Then, your lawyer will begin negotiations with insurance companies in order to attempt to resolve your claim without trial. If the insurance company is unable to offer an acceptable settlement or does not consider your injuries and other damages your case will likely go to trial.

Although a small percentage of cases get to trial, it is essential for victims to begin a lawsuit as soon as possible. The memories fade, witnesses die and evidence can disappear in time, making it harder to make a strong case to get the maximum amount of compensation. You must also follow your state's statute of limitations that can range between 1 and 6 years.