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Phases of an auto accidents Accident Lawsuit

Property damage, medical bills and lost wages could be substantial after an auto accident. An experienced attorney can assist you in receiving the amount of compensation you deserve.

The process may differ from case to case, but usually begins with the filing of an action. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are a vital component of any auto accident law firms crash case. They can assist jurors or judges to understand the impact of the accident on your life. This includes the financial, emotional, and physical costs. Medical records will also provide a story that insurance companies will have a hard to dispute.

You may only have a certain period of time, based on the laws of your state and the policies of your doctor to request medical records. This is the reason you should discuss your legal needs whenever you can following an accident. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that you or your lawyer are the only ones who can examine your medical records. Insurance companies are generally keen to uncover anything that could suggest your injuries were pre-existing or not as severe as you think.

Your lawyer will utilize your medical records to draft a demand letter, which will include evidence to justify the damages you seek. It is crucial that your lawyer only provides relevant medical records to the insurance company, because they could ask you to sign an authorization that permits them to access all your medical records. This is not in the best interest of your claim because it could reveal injuries from the past that are not related to the claim.

Police Reports

Every time a police officer responds to a call for help, such as an accident, he or she prepares a police report. Even though they're not admissible in court (they are deemed to be hearsay) they can provide important information to attorneys when investigating an incident and preparing a case.

A police report provides an impartial account of the accident that is based on the witness testimony of the officer and his observations of the weather conditions, the drivers, and other elements. It is a crucial piece of evidence that can aid you in winning a lawsuit for car accidents.

You can typically request a copy from the police precinct that handled 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 department's website.

When your medical bills as well as property damage and lost wages reach a certain amount, you'll need to start a lawsuit against the driver at fault. The police report is a valuable tool in settlement negotiations, particularly in cases where you can prove other driver's responsibility based on observations made by the officer. Many cases end up reaching an agreement without ever going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until one year after you file it.

Insurance Company Negotiations

Once an adjuster has all the information they need from you and the investigation into the car accident is complete, they will offer an offer of settlement. To generate their first offer, they'll input all the information and details into an online program. They'll probably be able to come up with a figure that is much lower than the one 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 to pay for your medical expenses and other damage. You can fight back if you mention how your injuries will impact your life in the future. For instance, you could point to your mounting medical bills, the loss of earning capacity, and the emotional and physical pain you're suffering.

You or your attorney will then prepare the letter of demand and present it to an insurance company. This should include all the evidence you have gathered such as witness statements, photos of your injuries as well as any documents supporting your losses. Also, you'll make the list of the items you cannot negotiate, so you can stop the insurance company from negotiating with you. Once an agreement is reached it will be documented in an agreement for settlement in writing. Negotiations are usually back and forth process, but perseverance will help you achieve a fair settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery. During this process, both sides exchange information and evidence. Parties can require medical records or police reports and witness statements. The parties may also exchange interrogatories which are written questions which must be answered under oath within a certain time. Your attorney will also document the extent of the physical mental, emotional, or psychological injuries you've suffered, and any other damages that might be sought out, such as the amount of medical expenses you are currently and in the future or property damage, as well as lost wages.

Your lawyer will also speak with experts like medical specialists as well as mechanics and engineers. These experts will help paint a an appealing picture of your crash and the injuries you sustained for the jury.

Your attorney will then start negotiations with the insurance companies in order to resolve your case with no trial. If the insurance company doesn't offer an equitable settlement or does not take into account your injuries and other damages your case will likely go to trial.

It is crucial that victims file a lawsuit immediately, even though only a few cases make it to court. Memories fade, witnesses pass away, and evidence can be lost as time passes making it more difficult to make a strong case for the maximum amount of compensation. You must also adhere to your state's statute of limitations which can vary from 1 to 6 years.