Phases of an auto Accident Law Accident Lawsuit

Car crash injuries can result in significant medical bills along with property damage and lost wages. A knowledgeable attorney can help you receive the compensation that you require.

The process can vary from case-to-case, but generally, it begins with the filing of the complaint. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are a vital element in any auto accident settlement auto accident compensation case. They will help a judge or jury determine the impact of the injury on your life. This includes the emotional, financial, and physical costs. Insurance companies will be unable to argue with the information provided by medical records.

You might only have a particular amount of time, Auto Accident Law contingent on the laws of your state and the policy of your doctor, to obtain medical records. You should speak with your lawyer as soon after an auto accident claim as possible. The law provides access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your attorney can examine your medical records. Insurance companies are always looking for evidence that could suggest that your injuries aren't as severe as you think or have a pre-existing condition.

Your lawyer will use the medical records you provide to create the letter of demand, which will include evidence to support the damages you seek. 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 the best option for your claim because it could expose past injuries that are not relevant to the claim.

Police Reports

Every time a police officer responds to a call for help, such as an accident, he makes a police report. Even though they're not admissible in court (they are considered to be hearsay) They can provide invaluable information to attorneys investigating an accident and creating an argument.

A police report offers an independent account of the crash, based on the witness testimony of the officer and his observations regarding the weather conditions, drivers, and other factors. It's a vital piece of evidence that can help you win a lawsuit for car accidents.

You can typically request a copy from the precinct responsible for the investigation. Call their emergency line and provide an invoice or an incident number as identification. You can request copies of your police report through the website of the police department.

After your medical bills and property damage as well as lost wages exceed an amount that is a certain amount, you will need to start a lawsuit against the driver who is at fault. The police report can be an important tool in settlement negotiations, particularly if you can prove the other driver's negligence through the observations of the officer. However, many cases reach an agreement without going to trial. It may take some time to go through the pre-trial process and your case might not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the data they require from you and the investigation into the car accident is complete, they will offer an offer for settlement. In order to create their first offer, they'll input all the details and facts into a computer program. Most likely, they will arrive at a lower number than you calculated in your study. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to reduce the amount they'll need pay for your medical bills and other damages. You can counter by highlighting the many ways that your injuries will impact your life in the future. For instance, you could draw attention to your increasing medical bills, your lost earning capacity, and the emotional and physical pain you're going through.

You or your lawyer will then draft a demand letter and submit it to the insurer. The letter should contain all of the evidence that you have gathered including witness statements and photos of your injuries. You'll also prepare a list of your non-negotiables so you can prevent the insurance company from under-pricing you. Once an agreement is reached it will be documented in the form of a written settlement agreement. Negotiations are usually back and forth, however staying patient will ensure a fair settlement.

Legal Advice

The next phase in the car accident lawsuit is discovery. During this process, both sides exchange information and evidence. Parties may seek medical records, police reports and witness statements. They may also send each other interrogatories (written questions that must be answered under oath by end of the specified time). Your lawyer will also record the extent of physical, auto accident law emotional, and psychological injuries you've suffered, as well as any other damages which could be sought, like the amount of medical expenses you are currently and in the future along with property damage, lost wages.

Your lawyer will consult with other experts, like mechanics, medical specialists, and engineers. These experts will help paint a an appealing picture of the crash and your injuries for the jury.

Your attorney will then begin negotiations with the insurance companies in order to settle your case without trial. If the insurance company fails to offer an equitable settlement or does not take into account your injuries and other losses, your case will likely go to trial.

While only a few cases make it to trial, it is crucial for victims to begin a lawsuit as soon as is possible. Memory fades, witnesses disappear, and evidence could be lost over time and it becomes difficult to present a convincing case for 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.