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Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages may be significant after a car accident. An experienced lawyer can help you in receiving the amount you are due.

The process can vary depending on the case, but generally it starts with the filing of the complaint. Then follows the discovery phase along with any appeals.

Medical Records

Medical records are an important element in any Auto accident lawsuits accident lawsuit. They will assist the judge or jury determine how the accident has impacted your life, including the physical, emotional and financial consequences of your injuries. Insurance companies will find it difficult to challenge the narrative told by medical records.

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. You should speak with your lawyer as soon following an accident as is possible. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these documents. However, this does not mean that you or your lawyer are the only ones who can access your medical records. Insurance companies are often keen to find anything that might suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will make use of your medical records to create a demand letter that will include evidence to support the damages you seek. It is crucial that your lawyer only send relevant medical documents to the insurance company, because they could ask you to sign an authorization that allows them to access all your medical records. This is not the best option for your claim since it could reveal previous injuries that are not connected to this claim.

Police Reports

When a police officer responds to a call for assistance, or an accident, he or she makes a police report. Although they cannot be admitted in a court of law (they are deemed to be hearsay) They are a valuable source of information to attorneys when they are investigating and preparing their cases.

A police report offers an objective account of the accident, based on the witness' testimony and the officer's observations of the weather conditions, the drivers, and other elements. It's a vital piece of evidence that can aid you in winning an auto accident lawsuits accident lawsuit.

Usually you can request a copy your police report from the precinct which was responsible for the investigation by calling their non-emergency number and supplying the receipt or incident number to identify it. The police department may have a website on which you can request copies of the records online.

You'll have to file a lawsuit against the driver responsible once your medical bills, lost wages, and property damage exceed the amount of. The police report can be a useful tool in settlement negotiations, particularly when you can prove 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 take a long time and your case may not be resolved until one year after filing it.

Insurance Company Negotiations

When the adjuster has all the information they require from you and your vehicle accident investigation, they will make an offer of settlement. They will then input all the information and facts into a computer program to create their initial offer. They'll likely come up with a number which is lower than what you calculated from your investigation. When insurance companies make settlement offers, they've got their own financial interest in mind.

They'll want to limit the amount they'll need to pay for your medical bills and other damages. You can fight back when you point out the way your injuries will affect your life in the near future. For instance, you can refer to your rising medical bills, your decreased earning capacity, and the emotional and physical pain you're going through.

Your lawyer or you then draft a demand letter and then present it to the insurance company. This letter will include all the evidence you've gathered, including witnesses' statements and photographs of your injuries. You'll also make a list of the items you cannot negotiate, so you can deter the insurance company from undercutting you. When an agreement has been reached, the written settlement agreement will reflect it. Negotiations are often a back and forth, however remaining patient will aid in achieving a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. Parties may request medical records and police reports, as well as witness statements. They will also send any additional interrogatories (written questions that must be answered under oath before the end of the specified time). In addition your lawyer will record the extent of your physical emotional and psychological injuries in addition to the other damages you could seek compensation for that are incurred, such as future medical expenses, property damage and lost wages.

Your lawyer will also confer with experts such as medical specialists as well as mechanics and engineers. These experts can assist the jury to get clear information about your injuries and accident.

Your lawyer will then start discussions with the insurance companies to resolve your case with no trial. If the insurance company doesn't provide you with a fair settlement or does not take into account your injuries and other damages, your case will likely be heard in court.

It is essential that victims file a lawsuit immediately, even though few cases will ever make it to court. Over time memories fade, witnesses pass away, and evidence disappears and makes it harder to file a convincing claim for the most compensation. Plus, you must comply with the statute of limitations in your state, which can range from 1 to 6 years.