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Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages could be substantial following an auto accident law firm accident. An experienced lawyer can assist you in obtaining the financial compensation you deserve.

The process may differ from case to case but generally, it starts with the filing of the complaint. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an essential part of any auto accident lawsuit. They will assist a jury or judge know how the injury affected your life, as well as the physical, emotional and financial cost of your injuries. Insurance companies will be unable to challenge the narrative told by medical records.

In accordance with the laws of your state and the policies of your doctor You may be granted only a short amount of time to request medical records from your healthcare provider. This is why you should consult with a lawyer whenever you can following an accident. Health Information Portability and Accountability Act or HIPAA ensures that you have the right to access these medical records. However, this does not mean that only you or your lawyer will be able to see your medical records. Insurance companies are always looking for any sign that might suggest your injuries may not be as serious as you claim or pre-existing.

Your lawyer will utilize the medical records you provide to draft the letter of demand, which will include evidence in support of the damages you want. Your lawyer should only supply the relevant medical documents to your insurance company. They may ask you to authorize them to access your entire medical record. This is not in your best interests since it could reveal previous injuries that aren't directly related to the present claim.

Police Reports

Police reports are generated each time a law enforcement officer responds to an emergency call and also car accidents. While they're not admissible in court (they are considered hearsay) they can provide invaluable information to attorneys investigating an accident and preparing the case.

A police report provides an independent account of the crash which is based on the witnesses' testimony and the officer's observations regarding the weather conditions, drivers, and other elements. It is an important piece of evidence that could assist you in winning an auto accident lawsuit.

You can usually request a copy from the precinct that was responsible for the investigation. Call their non-emergency phone number and provide the receipt or incident number as identification. The police department might have a website where you can request copies online.

After your medical expenses as well as property damage and lost wages reach an amount that is a certain amount, you'll have to make a claim against the at-fault driver. The police report is a valuable tool in settlement negotiations, particularly if you can prove the other driver's guilt through the observations of the officer. In many cases, however, the parties reach an agreement without going to trial. It may take some time to go through the pre-trial process and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

Once the adjuster has all the information they need from you and your automobile accident investigation, he'll make an offer to settle. To make their first offer, they will enter all the information and details into the computer program. Most likely, they will make a smaller amount than you anticipated based on your investigation. It's important to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll want to limit the amount they'll have to pay for medical expenses and other damage. You are able to fight back if you point out the way your injuries will affect your life in future. You could, for instance highlight your growing medical bills and the loss of earning potential, as being aware of the physical and mental suffering you're feeling.

You or your lawyer will then prepare a demand letter and submit it to the insurance company. The letter should contain all the evidence you've gathered such as witnesses' statements and photographs of your injuries. You'll also prepare a list of your non-negotiables to ensure you can keep the insurance company from lowballing you. Once an agreement is reached and ratified, it will be included in a written settlement agreement. Negotiations are usually back and forth affair, but staying patient will help you achieve an equitable settlement.

Legal Advice

The next stage in the car lawsuit involving an accident is discovery, during which the parties exchange information and evidence. Parties may request medical records, police reports and witness statements. The parties may also trade interrogatories which are written inquiries that have to be answered under the oath within a specified time. Your attorney will also write down the severity of physical psychological, emotional, and physical injuries you've sustained, in addition to any other damages that could be sought, including current and projected medical expenses, property damage, and lost wages.

Your lawyer will also talk with experts like medical specialists as well as mechanics and engineers. These experts can assist the jury get a clear picture of the injuries and accidents you sustained.

Then, your lawyer will begin negotiations with insurance companies in order to attempt to settle your claim with out a trial. If the insurance company is unable to offer an acceptable settlement or doesn't take into consideration your injuries or bariwon.com other damages, your case is likely to be heard in court.

It is essential that victims file a lawsuit immediately, even though few cases get to the courtroom. Over time, memories fade, witnesses die and evidence is lost, making it more difficult to present a compelling case to receive the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.