Phases of an auto accident lawyer Accident Lawsuit

Injuries from car crashes can result in substantial medical bills as well as property damage and loss of wages. A knowledgeable attorney can help to get the compensation you need.

The process is different from case-to-case, but generally starts by filing an action. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an important element in any auto accident lawsuit. They will aid the judge or jury comprehend how the accident affected your life, including the emotional, physical and financial consequences of your injuries. Insurance companies will have a hard time to challenge the narrative told by medical records.

Depending on your state's laws and the policy of your doctor depending on your state's laws and your doctor's policy, you could have limited time to request medical records from healthcare providers. This is the reason why you should discuss your legal needs as soon as possible following an accident. The law protects your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). This doesn't mean you or your lawyer are the only ones to access your medical records. Insurance companies are often keen to discover anything that may suggest that your injuries are 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 are seeking. It is imperative that your lawyer only send relevant medical documents to the insurance company as they may request you to sign a medical authorization that allows them to access all your medical records. This is not in the best interest of your claim since it could reveal injuries from the past that are not related to the claim.

Police Reports

Every time a police official responds to a request for help, such as an accident, he or she makes a police report. Even though they aren't admissible in court (they are considered to be hearsay), they do provide valuable information to attorneys investigating an incident and preparing a case.

A police report provides an objective account of the accident that is based on the witness' testimony as well as the officer's observations of the weather conditions, drivers, and other elements. It is a crucial piece of evidence that can help you win an auto accident lawsuit.

Usually, you can request a copy of your police report from the local police department that handled the investigation by calling their non-emergency phone number and providing an incident or receipt to identify it. The police department might also have a website on which you can request copies online.

You will need to file a suit against the driver at fault when your medical bills, lost wages, and property damage have reached an amount. The police report is an effective tool for settlement negotiations, particularly if you can prove the other driver's guilt based on observations made by the officer. Many cases end up reaching a settlement without ever going to trial. It can take a while to go through the pre-trial steps and your case may not be resolved for a long time.

Insurance Company Negotiations

After the adjuster has all the information they require from you and your car accident investigation, they'll make an offer of settlement. They will put all the facts and details into a computer program to make their initial offer. They'll most likely arrive at a figure that's much lower than what you calculated from your investigation. When insurance companies offer settlement offers, they've got their own financial interests in mind.

They'll be looking to reduce the amount they pay in medical bills and other damages. You are able to fight back if you explain the negative effects your injuries could have on you and impact your life in the future. For instance, you could, point out your mounting medical bills, your diminished earning potential, as being aware of the physical and mental suffering you are experiencing.

Your attorney or you prepare the letter of demand and then present it to an insurer. This should include all the evidence you've gathered and include witness statements, photos of your injuries and any evidence to support your losses. Also, you'll make a list of your non-negotiables to ensure you can keep the insurance company from undercutting you. Once an agreement has been reached the written settlement agreement will reflect it. Negotiations are often a back and forth, but staying patient will aid in achieving 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 records, police reports as well as witness statements. They may also send the other interrogatories (written questions that have to be answered under oath by the expiration of a specific time). Your attorney will also record the extent of physical emotional, psychological, and physical injuries you've suffered, in addition to any other damages that may be sought, including future and current medical expenses as well as property damage and lost wages.

Your lawyer will consult with other experts, like medical specialists, mechanics and engineers. These experts can help the jury to get an accurate picture of your accident and injuries.

Finally, your attorney will begin negotiations with insurance companies to attempt to settle your claim without a trial. If the insurance company is willing to offer you a low settlement or fails to take your injuries and other damages into consideration the case will be heard at trial.

While a small number of cases do go to trial, it is vital for the victims to start a lawsuit as quickly as possible. Over time, memories fade, witnesses pass away and evidence is lost which makes it more difficult to file a convincing claim for the highest amount of compensation. Plus, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.

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