Phases of an auto accident law firm Accident Lawsuit

Property damage, medical bills and lost wages may be substantial following a car accident. An experienced attorney can assist you in obtaining the financial justice you deserve.

The procedure can differ from case to case but generally it starts with the filing of an action. This is followed by the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential component of any auto accident lawsuit. They can help a judge or jury know the effects of the injury on your life. This includes the financial, emotional physical and emotional costs. Insurance companies will be unable to dispute the story told by medical records.

You may only have a specific period of time, based on the laws of your state and the policy of your doctor, to request medical records. This is the reason you should consult with a lawyer whenever you can following an accident. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these records. This doesn't mean you or your lawyer are the only ones who are able to view your medical records. Insurance companies are always looking for evidence that suggests your injuries may not be the severity you claim or pre-existing.

Your lawyer will use the medical information that you supply to write an order letter that includes evidence to justify the damages you're seeking. Your lawyer should only supply the relevant medical documents to your insurance company. They might ask you to authorize them to access your complete medical record. This is not the best option for your claim, as it could reveal past injuries not related to this claim.

Reports of Police

Police reports are generated each time a police officer responds to an emergency, including car accidents. Although they aren't admissible in the courts of law (they are considered to be hearsay) They are a valuable source of information to attorneys in the process of investigating and preparing their cases.

A police report provides an objective account of what happened in the crash, based upon witness testimonies and the officer's observations about the vehicle's damage and weather conditions, drivers, and so on. It's a vital evidence that can assist you in winning an auto accidents accident lawsuit.

Typically you can request a copy your police report from the precinct which handled the investigation by calling their non-emergency phone number and providing an invoice or incident number to identify the report. The police department may have a website on which you can request copies of your records online.

You will need to file a lawsuit against the driver responsible once your medical bills along with lost wages and damages to property reach a certain value. The police report can be a useful tool during settlement negotiations, particularly in cases where you can show that the other driver was largely at fault based on the police officer's observations. But, many cases settle settlements without ever going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until one year after filing it.

Insurance Company Negotiations

After the adjuster has all the information he needs from you and your automobile accident investigation, they will make an offer to settle. They will input all the facts and details into a program that will generate their initial offer. Most likely, they'll arrive at a smaller number than what you estimated based on your research. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They'll seek to limit the amount they are required to pay for medical bills and other damages. You can fight back by pointing out all the ways that your injuries will impact your life going forward. For example, you can draw attention to your increasing medical bills, your diminished earning capacity, and the physical and emotional suffering that you're currently experiencing.

You or your attorney will create the letter of demand and present it to an insurer. It will contain all the evidence you have collected and include statements from witnesses, photographs of your injuries, and any documents that support your losses. You'll also make an inventory of your non-negotiables to ensure you can keep the insurance company from under-pricing you. After an agreement has been reached, the written settlement agreement will reflect it. Negotiations are usually back and forth, however staying patient will assist you in negotiating an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. Parties can request medical records, police reports and witness statements. The parties will also exchange interrogatories that are written questions which must be answered under oath within a certain time. In addition, your attorney will document the extent of your physical emotional and psychological traumas and the additional damages you might seek compensation for that are incurred, such as future medical costs, property damage, and lost wages.

Your lawyer will also speak with experts like medical specialists as well as mechanics and engineers. These experts can assist the jury get an accurate picture of your accident and injuries.

Then, your lawyer will begin negotiations with insurance companies to attempt to settle your claim without a trial. If the insurance company fails to offer you an acceptable settlement or doesn't take into consideration your injuries and other damages, your case is likely to go to trial.

It is essential that victims file a suit as soon as they can, even though only a few cases will ever make it to the courtroom. Memory fades, witnesses disappear and evidence may be lost as time passes making it more difficult to establish a compelling case to get the maximum amount of compensation. Additionally, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.