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Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages may be significant after an accident. An experienced attorney can help to get the compensation you require.

The process can vary from case-to-case, but usually begins with the filing of a complaint. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an essential part of any auto accident attorneys accident lawsuit. They can help a judge or jury comprehend the impact of the injury on your life. This includes the financial, emotional physical, and emotional expenses. Insurance companies will have a hard time to argue with the information provided by medical records.

Based on the laws of your state and the policy of your doctor In some states, you'll have a limited amount of time to request medical records from your healthcare provider. It is recommended to consult with your lawyer as soon following an accident as possible. The law safeguards your access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer are able to see your medical records. Insurance companies will often try to uncover anything that could suggest your injuries were pre-existing or not as severe as you claim.

Your lawyer will utilize your medical records to create a demand letter which will contain evidence to support the damages you're seeking. Your lawyer should only supply the relevant medical documents 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 since it could reveal past injuries not related to the claim.

Reports of Police

Each time a police officer responds to a request for help, including an accident, he or she creates a police report. Even though they aren't admissible in court (they are considered to be hearsay) they can provide important information to attorneys when investigating an accident and creating the case.

A police report offers an objective account of the incident which is based on the witnesses' testimony as well as the officer's observations of the weather conditions, drivers, and a variety of other factors. It's an important evidence that can aid in winning an auto accident lawsuit.

Usually, you can request a copy of your police report from the local police department that handled the investigation by calling their non-emergency number and supplying an incident or receipt to identify the report. You can request copies of the report through the department's website.

When your medical bills as well as property damage and lost wages reach a certain amount, you will need to file a lawsuit against the driver at fault. The police report is a valuable tool in settlement negotiations, especially when you can establish the other driver's responsibility in the light of observations made by the officer. A lot of cases are settled without having to go to trial. It can take time to work through the steps before trial and your case may not be resolved for a long time.

Insurance Company Negotiations

When the adjuster has all of the information he needs from you and your automobile accident investigation, he will make an offer of settlement. To create their initial offer, they will enter all the details and facts into an online program. They'll likely be able to come up with a figure that's much lower than what you calculated based on your study. When insurance companies offer settlement offers, they've got their own financial interest in mind.

They'll want to limit the amount they have to pay for medical expenses and other damages. You can fight back by highlighting the ways in which your injuries will affect your life in the near future. For instance, you can point to your mounting medical bills, the loss of earning potential, and the emotional and physical pain you're going through.

You or your attorney will then draft an official demand letter and present it to an insurance company. This letter should include all the evidence you have gathered including witness statements and photos of your injuries. Also, you will create a list of the non-negotiables that will ensure that the insurance company is not undervaluing your claim. Once an agreement is reached the settlement agreement written will reflect it. Negotiations are often a back and forth process, but being patient can ensure a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which the parties exchange information and evidence. Parties can request medical documents, police reports or witness statements. They may also send another interrogatories (written questions to be answered under oath by end of a specified time). Your attorney will also record the extent of physical, emotional, and psychological traumas you've suffered as well as any other damages that could be sought, including the amount of medical expenses you are currently and in the future or property damage, as well as lost wages.

Your lawyer will talk to other experts, including mechanics, medical specialists, and engineers. These experts will aid in painting a an appealing picture of your crash and your injuries for the jury.

Your lawyer will then start negotiations with the insurance companies in order to resolve your case with no trial. If the insurance company does not provide you with an equitable settlement or does not consider your injuries and other damages your case will likely be heard in court.

It is vital that victims file a suit as soon as they can even though very few cases make it to the courtroom. Memories fade, witnesses can pass away, and evidence can be lost in time making it more difficult to build a strong case to get the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, auto Accident lawsuit which could range from 1 to 6 years.