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Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages could be substantial following an accident. An experienced lawyer can help you receive the compensation that you need.

The process can vary from case to case but generally it starts with the filing of an accusation. Then follows the discovery phase, trial and any appeals.

Medical Records

Medical records are an important element in any auto accident lawyers accident lawsuit. They will help jurors or judges understand the impact of the injury on your life. This includes the financial, emotional, and physical costs. Insurance companies will have a hard time to refute the story portrayed by medical records.

Based on the laws of your state and the policies of your doctor In some states, you'll have limited time to request medical documents from healthcare providers. You should consult your lawyer as soon following an accident as it is possible. Health Information Portability and Accountability Act (HIPAA) HIPAA, protects your right to access these medical records. However, this doesn't mean that you or your lawyer are the only ones to examine your medical records. Insurance companies are usually keen to discover anything that may suggest that your injuries were pre-existing or not as severe as you claim.

Your lawyer will utilize your medical records to prepare a demand letter which will contain evidence to justify the damages you are seeking. It is essential that your lawyer only provide relevant medical documents to the insurance company, because they could ask you to sign a medical authorization that allows them to access all of your medical records. This is not the best option for your claim, as it could reveal past injuries not related to the claim.

Reports of Police

Police reports are created each time a police officer responds to an emergency call for example, car accidents. Even though they aren't admissible in court (they are considered hearsay) they can provide important information to attorneys when conducting an investigation and preparing the case.

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

Usually, you can request a copy of your police report from the local police department that handled the investigation by calling their emergency number and supplying an invoice or incident number to identify the report. You can request copies of the report on the police department's website.

You'll have to file a suit against the person who caused the accident once your medical bills, lost wages, and damages to property reach a certain value. The police report is an effective tool for settlement negotiations, especially when you can establish the other driver's guilt from the evidence provided by the officer. Many cases end up reaching an agreement without going to trial. The process of preparing for trial can be lengthy and your case may not be resolved until a year after you file it.

Insurance Company Negotiations

After the adjuster has all of the details they require from you and your car accident investigation, they'll make a settlement offer. They will enter all the information and facts into a software program to create their initial offer. They'll most likely come up with a number that is much lower than the one you calculated based on your research. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll want to limit the amount they'll need to pay for medical expenses and other damage. You can fight back if you point out how your injuries will affect your life in future. You can, for example highlight your growing medical bills and your lost earning potential, as in the mental and physical pain you're experiencing.

Your lawyer or you will create a demand letter and present it to the insurance company. This will include all the evidence you've collected and include witness statements, photos of your injuries and any documents supporting your losses. You should also create an outline of your non-negotiables, so you can keep the insurance company from lowballing you. Once an agreement has been reached and the written settlement contract will reflect it. It's not uncommon for back-and-forth to take place during these negotiations, but remaining calm will allow you to reach a fair settlement.

Legal Advice

The next stage in the car lawsuit involving an accident is discovery. During this process, both parties exchange information and evidence. Parties may require medical records or police reports, as well as witness statements. The parties will also exchange interrogatories which are written inquiries that have to be answered under the oath within a specified time. In addition the attorney will also document the extent of your physical, emotional and psychological injuries and the additional damages you might be seeking to recover, including existing and projected future medical expenses, property damage and lost wages.

Your lawyer will confer with other experts, like medical specialists, mechanics and engineers. They will help paint a an accurate picture of your crash and the extent of your injuries to the jury.

Your attorney will then start discussions with insurance companies to settle your case without trial. If the insurance company provides you with an unsatisfactory settlement or does not take your injuries and other damages into account the case could go to trial.

While only a few cases get to trial, it is crucial for victims to file a lawsuit as soon as is possible. With time memories fade, witnesses die and evidence is lost and it becomes more difficult to file a convincing claim for maximum compensation. Plus, you must comply with the statute of limitations in your state, which could range from 1 to 6 years.