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Phases of an Auto Accident Lawsuit

Injuries from car crashes can lead to significant medical bills as well as property damage and loss of wages. A knowledgeable attorney can assist you in obtaining the compensation you deserve.

The process can vary from case-to-case, but generally, it begins with the filing of an accusation. Then follows the discovery phase, trial and any appeals.

Medical Records

Medical records are an important element in any auto accident lawyer accident lawsuit. They will help a jury or judge determine how the accident has affected your life, including the physical, emotional and financial consequences of your injuries. Insurance companies will be unable to dispute the story told by medical records.

You might only have a limited amount of time, contingent on the laws of your state and the guidelines of your physician, to obtain medical records. This is why you should speak with your lawyer immediately after an accident. The law provides access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that you or your lawyer are the only ones who are able to view your medical records. Insurance companies will often try to find anything that might suggest that your injuries were pre-existing or not so severe as you say.

Your lawyer will use your medical records in order to prepare a demand letter which will contain evidence to support the damages you're seeking. It is essential that your lawyer only provide relevant medical records to the insurance company because they could ask you to sign an authorization that permits them to access all your medical records. This is not beneficial to your claim since it could reveal previous injuries that are not connected to this claim.

Reports of the Police

Police reports are created each time a law enforcement officer responds to an emergency for example, car accidents. While they're not admissible in court (they are deemed to be hearsay) they can provide valuable information to attorneys when conducting an investigation and preparing an argument.

A police report offers an objective account of the incident which is based on the witnesses testimony of the officer and his observations of the weather conditions, the drivers, and a variety of other factors. It's an important piece of evidence that could help you win an auto accident lawsuits accident lawsuit.

You can typically request a copy from the police precinct that handled the investigation. Call their non-emergency line and provide the receipt or incident number for identification. You can also request copies of police reports through the website of the police department.

You'll have to file a suit against the driver at fault once your medical bills, lost wages, and property damage have reached an amount. The police report is an essential tool in settlement negotiations, especially in cases where you can prove other driver's responsibility in the light of observations made by the officer. Many cases end up reaching an agreement without going to trial. The pre-trial process can be long and your case may not be resolved until a year after you file it.

Insurance Company Negotiations

When the adjuster has all of the information they need from you as well as your car accident investigation, he will make an offer of settlement. To create their initial offer, they'll input all the information and details into an application on computers. They'll likely be able to come up with a figure that's much lower than what you calculated from your investigation. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll want to reduce the amount they'll need pay for your medical expenses and other damages. You are able to fight back if you explain the way your injuries will impact your life in the coming years. For instance, you can highlight your growing medical bills and your lost earning potential, as well in the mental and physical pain you're experiencing.

Your attorney or you prepare an official demand letter and then present it to an insurance company. This letter will include all of the evidence that you have gathered including witnesses' statements and photographs of your injuries. Also, you will create an inventory of non-negotiables in order to stop the insurance company from undervaluing your claim. When an agreement has been reached the written settlement agreement will reflect it. Negotiations can be a back and forth, but staying patient will ensure a fair settlement.

Legal Advice

The next stage of the car lawsuit involving an accident is discovery, in which both sides exchange information and evidence. Parties may request medical records, police reports as well as witness statements. They can also send each other interrogatories (written questions that have to be answered under oath by expiration of a specific time). In addition, your attorney will document the extent of your physical, emotional and psychological injuries as well as the other damages you might be seeking to recover in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will also confer with experts such as medical professionals, mechanics and engineers. These experts will aid in painting a a vivid picture of the crash and the extent of your injuries to the jury.

Your attorney will then start negotiations with the insurance companies in order to settle your case without a trial. If the insurance company offers you a low amount of money or does not take your injury and other damages into consideration the case will progress to trial.

It is essential that victims file a lawsuit promptly, even though few cases make it to the courtroom. Memory fades, witnesses die and evidence can disappear as time passes and it becomes difficult to make a strong argument for the most compensation. You must also comply with the statute of limitations in your state which can range between 1 and 6 years.