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Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages can be substantial following a car accident. An experienced lawyer can assist you in getting the compensation you deserve.

The process is different from case to case, but generally, it begins with filing an action. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an essential element in any auto accident lawsuits accident lawsuit. They can help a jury or judge determine how the accident has affected your life, as well as the physical, emotional and financial cost of your injuries. Medical records will also provide an account that insurance companies will have a difficult to argue.

You may only have a certain period of time, based on the laws of your state and the policy of your doctor, to request medical records. This is the reason why you should consult with a lawyer as soon as possible after an accident. The law safeguards your access to these records through the Health Information Portability and Accountability Act (HIPAA). This doesn't mean you or your lawyer are the only ones who can examine your medical records. Insurance companies constantly look for evidence that might suggest that your injuries aren't as severe as you claim or if you have pre-existing injuries.

Your lawyer will use the medical information you provide to create the letter of demand, which will include evidence to support the damages you seek. It is crucial that your lawyer only provide 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 your best interests as it could reveal past injuries that aren't directly related to the current claim.

Police Reports

Every time a police official responds to a request for help, such as an accident, he or she prepares a police report. Although they cannot be admitted in the courts of law (they are considered to be hearsay) They are a valuable source of information for attorneys who are investigating and preparing cases.

A police report provides an impartial account of the accident from the witness' testimony and the officer's observations of the weather conditions, drivers, and other aspects. It is a crucial piece of evidence which can aid you in winning an auto accident lawsuit.

You can usually request a copy from the precinct responsible for the investigation. Call their non-emergency phone number and provide an original receipt or an incident number to prove your identity. The police department might also have a website on which you can request copies of records online.

You'll need to file a suit against the driver at fault once your medical bills along with lost wages and property damage have reached a certain value. The police report can be an effective tool for settlement negotiations, especially when you can prove the other driver's negligence through the observations of the officer. But, many cases settle an agreement without going to trial. It could take a long 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 of the information they need from you and the investigation into the accident They will then extend an offer for settlement. To generate their first offer, they will enter all the details and facts into a computer program. Most likely, they'll come up with a much smaller amount than you anticipated based on your study. When insurance companies make settlement offers, they've got their own financial interest in the back of their heads.

They'll want to reduce the amount they have to pay for your medical bills and other damages. You can fight back if you explain how your injuries will negatively impact your life in the future. For instance, you could point to your mounting medical bills, the loss of earning capacity, and the physical and emotional suffering you're experiencing.

Your lawyer or you create a demand letter and then present it to the insurance company. It should include all the evidence you've collected, including witness statements, photographs of your injuries as well as any documentation supporting your losses. Also, you'll make the list of your non-negotiables so you can deter the insurance company from lowballing you. If an agreement is reached and ratified, it will be included in a written settlement agreement. It's not uncommon for back-and-forth to occur during the negotiation process, but remaining in the moment will help you get a fair settlement.

Legal Advice

The next phase in the car accident lawsuit is discovery, where the parties exchange information and evidence. Parties can seek medical records, police reports and witness statements. The parties will also exchange interrogatories that are written questions that must be answered on an oath within certain times. In addition the attorney will also document the extent of your physical, emotional and psychological injuries and any other damages you might be seeking to recover in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will also talk with experts such as medical specialists mechanics, engineers and mechanics. These experts can assist the jury get a clear picture of your injuries and the accident.

Your attorney will then begin discussions with the insurance companies in order to resolve your case with no trial. If the insurance company offers a small settlement or does not take your injury and other damages into account, your case will likely progress to trial.

While a small number of cases do get to trial, it is crucial for victims to start a lawsuit as quickly as possible. As time passes, memories fade, witnesses die, and evidence disappears, making it more difficult to present a compelling case to receive the maximum amount of compensation. You must also comply with your state's statute of limitations that can range from 1 to 6 year.