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Phases of an Auto Accident Lawsuit

Car accident injuries could result in significant medical bills along with property damage and lost wages. An experienced lawyer can assist to get the compensation you need.

The process may differ depending on the case, but usually begins with the filing of a complaint. Then follows the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential component of any auto accident lawsuit. They can help the judge or jury know how the injury impacted your life, including the physical, emotional and financial consequences of your injuries. Medical records will also reveal a story that insurance companies will have a hard time disputing.

In accordance with the laws of your state and your doctor's policy depending on your state's laws and your doctor's policy, you could have limited time to request medical documents from healthcare providers. You should consult your lawyer as soon following an accident as it is possible. The law provides access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your lawyer are able to access your medical records. Insurance companies will often try to uncover anything that could suggest that your injuries were pre-existing or not as severe as you claim.

Your lawyer will use the medical information you provide to prepare an order letter that includes evidence to justify the damages you seek. Your lawyer must only provide the relevant medical records to your insurance company. They might require you to give them permission to access your entire medical record. This is not the best option for your claim, as it could expose past injuries that are not relevant to this claim.

Police Reports

Police reports are prepared each time a law enforcement officer responds to an emergency or accident, such as car accidents. Although they are not admissible in the courts of law (they are deemed to be hearsay) they are valuable information for attorneys who are researching and preparing cases.

A police report provides an impartial account of the accident, based on the witness' testimony as well as the officer's observations of the weather conditions, drivers, and other factors. It is a crucial evidence that can aid you in winning an auto accident lawyers accident lawsuit.

Usually you can request a copy your police report from the precinct which was responsible for the investigation by calling their non-emergency line and providing an invoice or incident number to identify the report. You can request copies of the report through the website of the police department.

After your medical bills or property damage, as well as lost wages exceed an amount that is a certain amount, you will need to file a lawsuit against the driver who is at fault. The police report can be an effective tool during settlement negotiations, particularly in cases where you can show that the other driver was at fault based on the police officer's observations. Many cases are settled without having to go to trial. The pre-trial process can be long and your case might not be resolved until one year after filing it.

Insurance Company Negotiations

After the adjuster has all of the details they require from you as well as your car accident investigation, they will make an offer of settlement. To create their initial offer, they'll enter all the information and details into an online program. They will most likely produce a number which is significantly lower than the number you calculated from your investigation. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They will wish to limit the amount they are required to pay for medical bills and other damages. You are able to fight back if you explain the negative effects your injuries could have on you and affect your life in the near future. For instance, you could, point out your mounting medical bills and the loss of earnings potential, as well as the mental and physical suffering you're experiencing.

Your lawyer or attorney will then draft a demand letter and present it to the insurer. This letter will include all the evidence you've collected, including witness statements and photos of your injuries. Also, you'll make the list of your non-negotiables, so you can stop the insurance company from lowballing you. After an agreement has been reached, the written settlement agreement will reflect it. Negotiations are usually back and forth, but perseverance will ensure an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which the parties exchange information and evidence. Parties can request medical records and police reports, as well as witness statements. The parties will also exchange interrogatories which are written inquiries which have to be answered on oath within a certain time. Your attorney will also document the extent of physical, emotional, and psychological injuries you've suffered, in addition to any other damages that might be sought, including future and current medical expenses or property damage, as well as lost wages.

Your lawyer will also consult with experts such as medical professionals as well as mechanics and engineers. These experts can assist the jury to get an accurate picture of your injuries and the accident.

Your attorney will then start negotiations with insurance companies to settle your case without a trial. However, if the insurance company offers a small settlement or does not take your injuries and other damages into account, your case will likely be heard at trial.

It is essential that victims file a lawsuit as soon as possible, even if only a handful of cases make it to the courtroom. As time passes, memories fade, witnesses die, and evidence disappears and makes it harder to make a strong claim for the highest amount of compensation. You must also follow your state's statute of limitations which can vary between 1 and 6 years.