Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages can be substantial after an auto accident lawyer accident. An experienced lawyer can assist 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 a vital element in any jacksonville auto accident attorney accident case. They will aid the judge or jury to comprehend how the accident had an impact on your life, including the emotional, physical and financial consequences of your injuries. Insurance companies will find it difficult to refute the story portrayed by medical records.

Based on the laws of your state and your doctor's policy depending on your state's laws and your doctor's policy, you could have only a short amount of time to request medical documents from healthcare providers. You should consult your lawyer as soon after an accident as it is possible. Health Information Portability and Accountability Act or HIPAA, protects your right to access these records. This doesn't mean you or your lawyer are the only ones able to view your medical records. Insurance companies are generally keen to discover anything that may suggest that your injuries are pre-existing or not as severe as you think.

Your lawyer will make use of your medical records to prepare a demand letters, that will include evidence to support the damages you are seeking. It is crucial to ensure that your lawyer provides relevant medical records to the insurance company, as they may request you to sign an authorization that permits them to access all your medical records. This is not beneficial to your claim, as it could reveal past injuries not related to the claim.

Police Reports

Each time a police officer responds to a request for assistance, or an accident, he or she makes a police report. While they cannot be used in the courts of law (they are considered to be hearsay), they provide valuable information for attorneys who are conducting investigations and preparing cases.

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

You can usually request a copy from the precinct that was responsible for the investigation. Call their emergency line and provide an original receipt or an incident number as proof of identification. You can also request copies of police reports through the website of the police department.

After your medical bills, property damage and lost wages are at an amount you can afford, you'll need to file a lawsuit against the at-fault driver. The police report is an important tool in settlement negotiations, particularly when you can establish the other driver's guilt in the light of observations made by the officer. Many cases end up reaching settlements without ever going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

When the adjuster has all of the details they require from you and your car accident investigation, they will make an offer to settle. In order to create their first offer, they will enter all the information and details into the computer program. They'll most likely produce a number which is lower than what you calculated from your research. When insurance companies make settlement offers, they've got their own financial interests in mind.

They'll want to reduce the amount they'll need pay for your medical bills and other damage. You can fight back if explain 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 pain you're going through.

Your lawyer or attorney will then prepare a demand letter and send it to the insurer. This should include all the evidence you have collected, including witness statements, photos of your injuries, as well as evidence to support your losses. You should also make a list of non-negotiables to ensure that the insurance company is not undervaluing your claim. When an agreement is reached the agreement will be recorded in the form of a written settlement agreement. Negotiations are often a back and forth affair, but remaining patient will assist you in negotiating an equitable settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery, in which both sides exchange information as well as evidence. The parties can seek medical documents, police reports or witness statements. The parties will also exchange interrogatories which are written questions that must be answered on the oath within a specified time. Your attorney will also write down the severity of physical, emotional, and psychological injuries you've suffered, in addition to any other damages that could be sought out, such as current and projected medical expenses, property damage, and lost wages.

Your lawyer will also confer with experts such as medical specialists mechanics, engineers and mechanics. These experts can help the jury get an accurate picture of your injuries and accident.

Then, your lawyer will begin negotiations with insurance companies to attempt to settle your claim without a trial. However, if the insurance company provides you with an unsatisfactory settlement or Auto Accident Lawsuit does not take your injuries and other damages into consideration, your case will likely progress to trial.

Although few cases actually go to trial, it is important for victims to start a lawsuit as quickly as is possible. As time passes, memories fade, witnesses pass away and evidence is lost and makes it harder to present a compelling case for the highest amount of compensation. Plus, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.