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Phases of an auto accident law firm Accident Lawsuit

Damage to property, medical bills and lost wages can be substantial following an accident. A knowledgeable attorney can help you receive the compensation you require.

The process can vary from case to case, but generally it begins with the filing of a complaint. The discovery phase, trial, Auto accident lawsuit and any appeals follow.

Medical Records

Medical records are an essential part of any auto accident lawsuit. They will help the jury or judge know the effects of the injury on your life. This includes the emotional, financial physical, and emotional expenses. Insurance companies will find it difficult to challenge the narrative told by medical records.

In accordance with the laws of your state and your doctor's policy In some states, you'll have a limited amount of time to request medical records from healthcare providers. This is the reason why you should contact your lawyer as soon as possible following an accident. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these documents. This does not mean you or your lawyer are the only ones who can view your medical records. Insurance companies constantly look for evidence that could suggest your injuries might not be as severe as you think or have a pre-existing condition.

Your lawyer will use your medical records in order to create a demand letter which will include evidence to support the damages you are seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They might ask you to authorize them to access your complete medical record. This is not in your best interest since it could expose past injuries that aren't directly related to the current claim.

Police Reports

When a police officer responds to a call for help, including an accident, he or she makes a police report. Although they're not admissible in court (they are considered to be hearsay) however, they provide invaluable information to attorneys investigating an incident and preparing a case.

A police report provides an objective view of what happened in the crash, based upon witness statements and observations regarding the damage to the vehicle as well as weather conditions, drivers, and so on. It's an important piece of evidence which can help you win an auto accident lawsuit.

Typically, you can request a copy of your police report from the local police department that handled the investigation by calling their emergency number and supplying a receipt or incident number to identify it. The police department might also have a website where you can request copies of your records online.

After your medical expenses or property damage, as well as lost wages reach an amount that is a certain amount, you'll have to bring a lawsuit against the driver who is at fault. The police report can be a valuable tool in settlement negotiations, especially when you can demonstrate that the other driver was at blame based on the officer's observations. A lot of cases are settled without having to go to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until one year after filing it.

Insurance Company Negotiations

Once an adjuster has all of the information they require from you and the investigation into the car accident, they will extend a settlement offer. To create their initial offer, they will enter all the information and details into an online program. They'll likely produce a number that is much lower than the one you calculated based on your study. When insurance companies make settlement offers, they've got their own financial interests in mind.

They will be looking to reduce the amount they have to pay in medical bills and other damages. You can fight back by pointing out the many ways that your injuries will negatively impact your life in the future. You can, for example mention your increasing medical bills and lost earnings potential, as well as the physical and mental suffering you are experiencing.

Your lawyer or attorney will then draft a demand letter and then present it to the insurance company. This letter should include all of the evidence that you've gathered such as witness statements and photos of your injuries. Also, you'll make a list of your non-negotiables, so you can stop the insurance company from undercutting you. Once an agreement is reached the written settlement agreement will reflect it. It's not uncommon for back-and-forth to take place during these negotiations, but remaining patient will help you reach an acceptable settlement.

Legal Advice

The next phase in the car lawsuit involving an accident is discovery, during which both parties exchange information and evidence. Parties may seek medical records and police reports and witness statements. The parties can also exchange interrogatories that are written questions which have to be answered on the oath within a specified time. Your attorney will also record the extent of physical emotional, psychological, and physical injuries you've sustained, in addition to any other damages which could be sought, including the amount of medical expenses you are currently and in the future, property damage, and lost wages.

Your lawyer will also consult with experts like medical specialists mechanics, engineers, and mechanics. They will help paint a a vivid image of your crash and your injuries for the jury.

Your attorney will then begin discussions with insurance companies to settle your case without a trial. If the insurance company does not offer an acceptable settlement or does not consider your injuries and other losses, your case will likely be heard in court.

While only a few cases go to trial, it is important for victims to file a lawsuit as soon as is possible. With time memories fade, witnesses die and evidence is lost and makes it harder to file a convincing claim for the most compensation. You must also adhere to the statute of limitations for your state, which can vary from 1 to 6 years.