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Phases of an Auto Accident Lawsuit

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

The procedure can differ from case to case but usually begins with the filing of an accusation. Then comes the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential part of any auto accidents accident lawsuit. They can assist jurors or judges to understand the impact of the injury on your life. This includes the emotional, financial, and physical costs. Medical records will also provide the story that insurance companies will have a difficult to argue.

You might only have a particular amount of time, depending on the laws in your state and the policy of your doctor, to obtain medical records. This is the reason you should contact your lawyer whenever you can following 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 who can view your medical records. Insurance companies are always looking for anything that could indicate that your injuries aren't as serious as you claim or pre-existing.

Your lawyer will make use of your medical records to create a demand letter that will include evidence to support the damages you're seeking. Your lawyer should only give the relevant medical records to your insurance company. They might require you to give them permission to access your complete medical record. This is not in the best interest of your claim because it could reveal past injuries not related to this claim.

Police Reports

When a police officer responds to a call for help, which could include an accident, he or she prepares a police report. Although they're not admissible in court (they are considered hearsay) They can provide important information to attorneys when investigating an incident and preparing the case.

A police report provides an objective account of what happened during the accident, based on witness testimonies and the officer's observations about the vehicles' damage, weather conditions, drivers and more. It is a crucial piece of evidence that could aid you in winning an auto accident lawsuit.

Typically, you can request a copy of your police report from the precinct that was responsible for the investigation by calling their emergency number and providing an incident or receipt to identify it. The police department may also have a website where you can request copies online.

After your medical bills as well as property damage and lost wages are at an amount you can afford, you'll need to bring a lawsuit against the driver at fault. The police report can be a valuable tool during settlement negotiations, especially when you can prove that the other driver was at fault based on the officer's observations. Many cases are settled without having to go to trial. It can take time to work through the pre-trial steps and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

After the adjuster has all the information they need from you and your vehicle accident investigation, they will make a settlement offer. They will enter all the information and facts into a software program to generate their initial offer. They'll most likely produce a number which is lower than what you calculated based on your investigation. When insurance companies make settlement offers, they've got their own financial interests in mind.

They'll want to limit the amount they'll need pay for medical expenses and other damage. You can fight back if you point out the negative effects your injuries could have on you and affect your life in future. For instance, you could highlight your growing medical bills, your diminished earning capacity and the emotional and physical pain you're experiencing.

You or your lawyer will create a demand letter and send it to the insurance company. The letter should contain all the evidence you have gathered including witness statements and photos of your injuries. Also, you will create an outline of the things you will not negotiate to prevent the insurance company from undervaluing your claim. Once an agreement is reached the written settlement agreement will reflect it. It's normal for a back and forth to take place during the negotiation process, but remaining patient will help you reach an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. Parties can seek medical records and police reports as well as witness statements. They can also send each other interrogatories (written questions that must be answered under oath by end of the specified time). Your attorney will also write down the severity of physical, emotional, and psychological injuries you've sustained, in addition to any other damages that could be sought, like future and current medical expenses or property damage, as well as lost wages.

Your lawyer will talk to other experts like mechanics, medical experts and engineers. These experts can help the jury get clear information about your accident and injuries.

Finally, your attorney will begin discussions with insurance companies to try to settle your claim without trial. However, if the insurance company provides you with a small settlement or fails to take your injuries and other damages into consideration the case could proceed to trial.

Although few cases actually get to trial, it is vital for the victims to file a lawsuit as soon as is possible. With time memories fade, witnesses die and evidence is lost which makes it more difficult to file a convincing claim to receive the maximum amount of compensation. It is also important to adhere to the statute of limitations in your state which can vary between 1 and 6 years.