Phases of an Auto Accident Lawsuit

Medical bills, property damage, and lost wages can be substantial following an auto accident. An experienced attorney can assist you in receiving the amount you are due.

The procedure can differ from case to case, but typically, it begins with the filing of the complaint. Then comes the discovery phase and trial, as well as any appeals.

Medical Records

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

You might only have a particular amount of time, contingent on the laws of your state and the policies of your doctor to request medical records. It is recommended to consult with your lawyer as soon following an accident as possible. Health Information Portability and Accountability Act, or HIPAA is a law that protects your right to access these documents. However, this does not mean that you or your lawyer are the only ones to look over your medical records. Insurance companies are usually keen to find anything that might indicate that your injuries were not pre-existing or not as severe as you claim.

Your lawyer will utilize your medical records to prepare a demand letter that will include evidence to justify the damages you're seeking. Your lawyer should only supply the relevant medical documents to your insurance company. They might ask you to grant them permission to access your complete medical record. This is not beneficial to your claim since it could reveal previous injuries that are not connected to this claim.

Reports of the Police

Every time a police official responds to a request for help, which could include an accident, he or she prepares a police report. Although they are not admissible in the courts of law (they are considered to be hearsay) they can provide valuable information for attorneys who are investigating and preparing cases.

A police report is an objective account of the accident that is based on the witness testimony of the officer and his observations regarding the weather conditions, the drivers, and other aspects. It's a vital evidence that can aid you in winning an auto accident lawsuit.

You can usually request a copy from the police precinct that handled the investigation. Contact their non-emergency number and provide an original receipt or an incident number as identification. You can also request copies of records through the website of the police department.

You will need to file a suit against the person who caused the accident after your medical expenses along with lost wages and property damage reach the amount of. The police report can be an essential tool in settlement negotiations, particularly if you can prove the other driver's guilt in the light of observations made by the officer. But, many cases settle a settlement without ever going to trial. The pre-trial process can be long and your case may not be resolved until a year after you file it.

Insurance Company Negotiations

Once the adjuster has all the information they need from you and your automobile accident investigation, auto accident he will make a settlement offer. To create their initial offer, they will enter all the details and facts into a computer program. They'll most likely arrive at a figure which is lower than what you calculated based on your research. It's important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll seek to limit the amount they have to pay in medical bills and other damages. You can fight back by pointing out the ways in which your injuries could affect your life in the future. For instance, you can point to your mounting medical bills, the loss of earnings capacity and the physical and auto accident emotional suffering you're going through.

Your lawyer or you will create a demand letter and submit it to the insurance company. The letter should contain all the evidence you've gathered such as witnesses' statements and photographs of your injuries. Also, you will create an inventory of non-negotiables in order to keep the insurance company from undervaluing your claim. When an agreement has been reached the settlement agreement written will reflect it. It's normal for a back-andforth to occur during these negotiations, but being in the moment will help you get a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. Parties can request medical documents, police reports or witness statements. The parties can also exchange interrogatories that are written questions which must be answered under an oath within the time limit. Your lawyer will also record the extent of physical psychological, emotional, and physical traumas you've suffered as well as any other damages that might be sought, such as the amount of medical expenses you are currently and in the future as well as property damage and lost wages.

Your lawyer will speak with other experts, like mechanics, medical professionals and engineers. These experts can help the jury get an accurate picture of the injuries and accidents you sustained.

Your lawyer will then begin discussions with the insurance companies in order to resolve your case with no trial. If the insurance company doesn't offer you an equitable settlement or doesn't take into consideration your injuries and other damages, your case will likely be heard in court.

It is vital that victims file a lawsuit promptly even though very few cases get to court. Memory fades, witnesses disappear, and evidence could be lost as time passes and make it difficult to build a strong case for maximum compensation. You must also follow your state's statute of limitations, which can vary from 1 to 6 years.