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Phases of an Auto Accident Lawsuit

Medical bills, property damage, and lost wages can be significant after an auto accident. An experienced lawyer can assist you get the compensation you need.

The procedure is different depending on the case, but generally, it begins with filing a complaint. Then comes the discovery phase along with any appeals.

Medical Records

Medical records are an essential part of any auto accident lawsuit. They will assist a judge or jury comprehend the impact of the injury on your life. This includes the emotional, financial physical and emotional costs. Insurance companies will be unable to refute the story portrayed by medical records.

According to the laws of your state and your doctor's guidelines, you may have only a short amount of time to request medical records from your healthcare provider. You should speak with your lawyer as soon after an accident as is possible. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). This doesn't mean you or your lawyer are the only ones who are able to look over your medical records. Insurance companies are always looking for anything that suggests your injuries may not be as severe as you think or have a pre-existing condition.

Your lawyer will use your medical records in order to prepare a demand letters, that will include evidence to justify the damages you seek. It is essential to ensure that your lawyer provides relevant medical records to the insurance company since they might ask you to sign an authorization that permits them to access all your medical records. This is not in the best interest of your claim since it could reveal past injuries not related to this claim.

Reports of the Police

Police reports are prepared every time a law enforcement officer responds to an emergency call and also car accidents. Although they are not admissible in a court of law (they are considered to be hearsay) they are valuable information to attorneys when they are researching and preparing cases.

A police report is an objective assessment of what happened in the crash, based upon witness testimony and observations by the officer regarding the damage to the vehicles as well as weather conditions, drivers, and so on. It's a vital piece of evidence that can help you win an auto accident lawyer accident lawsuit.

You can typically request a copy from the precinct that was responsible for the investigation. Contact their non-emergency number and provide an original receipt or an incident number to prove your identity. You can request copies of your police report through the police department's website.

You'll have to file a suit against the person who caused the accident after your medical expenses as well as lost wages and property damage have reached a certain value. The police report can be a useful tool during settlement negotiations, especially in cases where you can show that the other driver was at fault based on the officer's observations. Many cases end up reaching a settlement without ever going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

Once an adjuster has all the data they need from you and the investigation into the car accident, they will extend a settlement offer. They will enter all the facts and details into a software program to create their initial offer. Most likely, they will come up with a much less than the amount you calculated using your research. When insurance companies offer settlement offers, they have their own financial interest in their minds.

They'll want to reduce the amount they'll need pay for medical expenses and other damages. You can fight back by highlighting all the ways that your injuries will negatively impact your life in the future. For instance, you can highlight your growing medical bills and the loss of earnings potential, as well being aware of the physical and mental suffering you're experiencing.

You or your attorney will create an official demand letter and submit it to an insurer. The letter should include all the evidence you've gathered, including witnesses' statements and photographs of your injuries. You will also create an inventory of non-negotiables in order to stop the insurance company from undervaluing your claim. Once you have reached an agreement the agreement will be recorded in an agreement for settlement in writing. Negotiations often involve back and forth, however remaining patient will ensure a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. The parties may request medical records, police reports and witness statements. The parties may also exchange interrogatories, which are written questions which must be answered under oath within a certain time. In addition your attorney will provide documentation of the extent of your physical emotional and psychological injuries in addition to the other damages you may seek to compensate for such as current and anticipated future medical expenses, property damage and lost wages.

Your lawyer will also consult with experts like medical specialists mechanics, engineers, and mechanics. These experts can help the jury get a clear picture of the injuries and accidents you sustained.

Finally, your attorney will begin discussions with insurance companies to attempt to settle your claim without a trial. If the insurance company does not offer you an acceptable settlement or doesn't take into consideration your injuries and other damages, your case is likely to go to trial.

Although a small percentage of cases make it to trial, it is essential for victims to make a claim as soon as possible. Memories fade, witnesses pass away, and evidence can be lost over time making it more difficult to make a strong case to get the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which can range from 1 to 6 years.