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Phases of an Auto Accident Lawsuit

Injuries from car crashes can lead to significant medical bills, property damage and Auto Accident Lawsuit lost wages. A knowledgeable attorney can assist you in receiving the compensation you deserve.

The process may differ from case-to-case, but typically, it starts with the filing of a complaint. The discovery phase, trial, and appeals follow.

Medical Records

Medical records are an important part of any auto accident attorneys accident lawsuit. They can assist the jury or judge know the effects of the injury on your life. This includes the financial, emotional physical and emotional costs. Medical records will also tell a story that insurance companies will have a tough time disputing.

You may only have a specific amount of time, based on the laws in your state and Auto Accident Lawsuit the policy of your doctor, to obtain medical records. You should speak with your lawyer as soon after an accident as you can. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these documents. This doesn't mean you or your lawyer are the only ones to access 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 use the medical records you provide to draft a letter of demand that will include evidence supporting the damages you're seeking. Your lawyer should only provide the relevant medical records to your insurance company. They might require you to give them permission to access your complete medical record. This is not in your best interests since it could reveal previous injuries that are not related to the current claim.

Police Reports

Police reports are created every time a law enforcement officer responds to an emergency or accident, such as car accidents. Although they're not admissible in court (they are deemed to be hearsay) They can provide valuable information to attorneys when investigating an accident and preparing a case.

A police report offers an objective account of the accident, based on the witness' testimony as well as the officer's observations regarding the weather conditions, drivers, and other factors. It's an important piece of evidence which can help you win an auto accident lawsuit.

You can typically request a copy of the records from the precinct that was responsible for the investigation. Contact their non-emergency number and provide the receipt or incident number for identification. You can also request copies of police reports through the police department's website.

After your medical bills as well as property damage and lost wages reach a certain amount, you'll need to bring a lawsuit against the driver who is at fault. The police report can be an effective tool in settlement negotiations, especially when you can prove that the other driver was largely at fault based on the officer's observations. But, many cases settle an agreement without going to trial. It may take some time to go through the steps before trial and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

Once the adjuster has all of the information he needs from you and your vehicle accident investigation, they will make a settlement offer. They will input all the facts and details into a program that will create their initial offer. They'll likely arrive at a figure that's much lower than what you calculated from your study. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They'll want to limit the amount they'll need pay for medical bills and other damage. You can fight back if point out how your injuries will negatively impact your life in the coming years. For example, you can point to your mounting medical bills, your decreased earning capacity, and the emotional and physical suffering that you're currently experiencing.

Your attorney or you will then draft an official demand letter and submit it to an insurance company. It will contain all the evidence you've collected, including witness statements, photos of your injuries and any documents supporting your losses. Also, you'll make the list of your non-negotiables to ensure you can keep the insurance company from negotiating with you. If an agreement is reached and ratified, it will be included in the form of a written settlement agreement. Negotiations can be a back and forth process, but being patient can help you achieve an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, in which both parties exchange information and evidence. The parties may seek medical records, police reports, and witness statements. They will also provide each other interrogatories (written questions that must be answered under oath by end of a specified time). In addition your attorney will provide documentation of the extent of your physical emotional and mental injuries and any other damages you may be seeking to recover in the future, including current and future medical expenses, property damage and lost wages.

Your lawyer will also speak with experts like medical specialists, mechanics and engineers. They will help paint a a vivid picture of your crash and your injuries for the jury.

Your lawyer will begin negotiations with insurance companies in order to attempt to resolve your claim without trial. However, if the insurance company offers you a low amount of money or does not take your injury and other damages into account, your case will likely proceed to trial.

Although few cases actually go to trial it is essential for victims to begin a lawsuit as soon as is possible. With time, memories fade, witnesses die, and evidence disappears and makes it harder to present a compelling case to receive the maximum amount of compensation. You must also follow the statute of limitations for your state which can vary from 1 to 6 years.