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Phases of an Auto Accident Law Firms - Aragaon.Net, Accident Lawsuit

Injuries from car crashes could result in significant medical bills, property damage, and even lost wages. An experienced lawyer can assist you receive the compensation that you need.

The procedure varies from case to case, but generally starts by filing a complaint. This is followed by the discovery phase along with any appeals.

Medical Records

Medical records are an essential element in any auto accident lawsuits accident case. They will help jurors or judges understand how the injury has had an impact on your life, including the emotional, physical and financial consequences of your injuries. Medical records will also reveal an account that insurance companies will have a hard to dispute.

You may only have a specific amount of time, depending on the laws of your state and the guidelines of your physician, to request medical records. You should consult your lawyer as soon after an accident as it is possible. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these documents. However, this does not mean that only you or your lawyer are able to see your medical records. Insurance companies are always looking for any sign that might suggest your injuries might not be as severe as you claim or if you have pre-existing injuries.

Your lawyer will utilize your medical records to prepare a demand letters, which will contain evidence to support the damages you are seeking. Your lawyer must 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 because it could reveal prior injuries that aren't related to the current claim.

Reports of Police

Police reports are produced each time a police officer responds to an emergency call and also car accidents. Even though they aren't admissible in court (they are deemed to be hearsay) however, they provide important information to attorneys when investigating an accident and creating a case.

A police report provides an objective report of what happened during the crash, based upon witness statements and observations regarding the damage to the vehicles and weather conditions, drivers, and so on. It is a significant piece of evidence that could aid you in winning your car accident lawsuit against the defendant.

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

After your medical bills and property damage as well as lost wages reach a certain amount, you will need to bring a lawsuit against the driver who is at fault. The police report can be an essential tool in settlement negotiations, particularly when you can prove the other driver's guilt based on observations made by the officer. In many cases, however, the parties reach settlements without ever going to trial. It can take time to work through the pre-trial process and your case could not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the details they require from you as well as the car accident investigation They will then extend an offer for settlement. In order to create their first offer, they'll input all the details and facts into an online program. Most likely, they will arrive at a less than the amount you calculated based on your study. It's important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll want to limit the amount they have to pay for your medical expenses and other damage. You can fight back by highlighting the many ways that your injuries could affect your life in the near future. For instance, you can draw attention to your increasing medical bills, your lost earning capacity, and the physical and emotional suffering you're experiencing.

Your lawyer or attorney will then draft a demand letter and submit it to the insurer. The letter should contain all the evidence you've gathered, including witnesses' statements and photographs of your injuries. You'll also make an outline of your non-negotiables, so you can prevent the insurance company from negotiating with you. Once an agreement is reached, it will be reflected in an agreement to settle in writing. Negotiations can be a back and forth, however being patient can help you achieve a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which the parties exchange information and evidence. Parties can request medical records, police reports, and witness statements. The parties will also exchange interrogatories, which are written questions that must be answered on oath within a certain time. In addition your lawyer will record the extent of your physical emotional and psychological traumas as well as the other damages that you could seek compensation for, including existing and projected future medical expenses, property damage and lost wages.

Your lawyer will speak with other experts, such as mechanics, medical professionals and engineers. These experts will help paint an accurate image of your crash and your injuries for the jury.

Your lawyer will begin negotiations with insurance companies to try to resolve your claim without trial. If the insurance company is willing to offer you a low settlement or does not take your injuries and other damages into consideration the case could progress to trial.

While a small number of cases do go to trial it is important for victims to file a lawsuit as soon as possible. As time passes memories fade, witnesses die and evidence is lost which makes it more difficult to present a compelling case for maximum compensation. Plus, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.