Phases of an Auto Accident Lawsuit

Property damage, medical bills, and lost wages can be significant following an auto accident. An experienced lawyer can assist you receive the compensation that you need.

The procedure can differ from case-to-case, but generally, it begins with the filing of a complaint. The discovery phase, trial, truthdesk.org and appeals are the next step.

Medical Records

Medical records are an essential element of any auto accident lawsuit. They will help jurors or judges know the effects of the accident on your life. This includes the financial, emotional physical, and emotional expenses. Insurance companies will be unable to argue with the information provided by medical records.

You may only have a certain period of time, based on the laws in your state and the guidelines of your physician, to obtain medical records. It is recommended to consult with your lawyer as soon following an accident as it is possible. The law safeguards your access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones able to examine your medical records. Insurance companies are always looking for evidence that could indicate your injuries might not be as serious as you claim or if you have pre-existing injuries.

Your lawyer will make use of your medical records to draft a demand letter, that will include evidence to support the damages you seek. Your lawyer should only provide the relevant medical documents to your insurance company. They may request you to allow them to access your complete medical record. This is not in the best interest of your claim because it could reveal previous injuries that are not connected to this claim.

Police Reports

Police reports are created each time a law enforcement officer responds to an emergency and also car accidents. Although they're not admissible in court (they are considered to be hearsay) they can provide important information to attorneys when investigating an incident and preparing an argument.

A police report provides an objective account of the accident which is based on the witnesses' testimony and the officer's observations regarding the weather conditions, drivers, and a variety of other factors. It's an important piece of evidence that can aid you in winning an auto accident lawsuit.

You can usually request a copy of the records from the precinct who handled the investigation. Contact their non-emergency number and provide an invoice or an incident number to prove your identity. The police department might have a website on which you can request copies of your records online.

When your medical bills or property damage, as well as lost wages are at a certain amount, you'll need to bring a lawsuit against the driver at fault. The police report can be a useful tool in settlement negotiations, particularly when you can prove that the other driver was largely at fault, based on an officer's observations. But, many cases settle an agreement without going to trial. Pre-trial proceedings can take a long time and your case may not be resolved until a year after filing it.

Insurance Company Negotiations

When the adjuster has all the information they require from you and your automobile accident investigation, they'll make an offer of settlement. They will enter all the facts and details into a program that will generate their initial offer. They'll probably be able to come up with a figure which is significantly lower than the number you calculated based on your study. When insurance companies offer settlement offers, they've got their own financial interest in mind.

They'll want to limit the amount they'll have to pay for medical bills and other damage. You can fight back when you mention how your injuries will negatively affect your life in future. For instance, you can highlight your growing medical bills, your lost earnings capacity and the emotional and physical suffering you're suffering.

You or your lawyer will then prepare a demand letter and send it to the insurance company. It should include all the evidence you have gathered and include witness statements, photographs of your injuries and any documents supporting your losses. You'll also prepare an outline of the items you cannot negotiate, so you can stop the insurance company from under-pricing you. Once an agreement is reached the settlement agreement written will reflect it. Negotiations are often a back and forth process, but staying patient will help you achieve a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which the parties exchange information and evidence. Parties can seek medical records and police reports, as well as witness statements. The parties may also trade interrogatories that are written questions which have to be answered on oath within a certain time. In addition your attorney will provide documentation of the extent of your physical emotional and psychological traumas as well as the other damages you could be seeking to recover such as current and anticipated future medical costs, property damage, and lost wages.

Your lawyer will also confer with experts such as medical professionals as well as mechanics and engineers. These experts will aid in painting a an accurate image of your crash and the injuries you sustained for the jury.

Your attorney will then start negotiations with insurance companies in order to resolve your case with no trial. However, if the insurance company offers a low amount of money or fails to take your injuries and other damages into account your case is likely to go to trial.

Although a small percentage of cases make it to trial, it is crucial for victims to make a claim as soon as they can. The memories fade, truthdesk.org witnesses disappear and evidence may be lost as time passes making it more difficult to present a convincing case for the maximum amount of compensation. In addition, you must abide with the statute of limitations in your state, which can range from 1 to 6 years.