Phases of an Auto Accident Law Firms Accident Lawsuit

Car accident injuries can result in significant medical bills as well as property damage and loss of wages. An experienced attorney can assist you in obtaining the financial justice you deserve.

The process may differ from case to case but typically, it starts with the filing of a complaint. This is followed by the discovery phase, trial and any appeals.

Medical Records

Medical records are an essential element of any auto accident law firm accident lawsuit. They will help a jury or judge know how the injury affected your life, including the physical, emotional and financial cost of your injuries. Medical records will also reveal a story that insurance companies will have a difficult to dispute.

You may only have a certain period of time, based on the laws in your state and the policy of your doctor, to obtain medical records. This is why you should discuss your legal needs whenever you can following an accident. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these records. However, this does not mean that you or your lawyer are the only ones to examine your medical records. Insurance companies are always looking for anything that suggests that your injuries aren't as severe as you think or have a pre-existing condition.

Your lawyer will use your medical records in order to prepare a demand letter which will include evidence to justify the damages you seek. It is imperative that your lawyer only send relevant medical records to the insurance company, as they may ask you to sign an authorization that permits them to access all your medical records. This is not in your best interest because it could reveal prior injuries that aren't directly related to the current claim.

Police Reports

Every time a police officer responds to a call for help, such as an accident, he makes a police report. Although they aren't admissible in the courts of law (they are considered to be hearsay) they are valuable information to attorneys in the process of conducting investigations and preparing cases.

A police report provides an objective report of what happened during the crash, based upon witness testimony and observations by the officer regarding the damage to the vehicles the weather, the drivers, and so on. It is a significant piece of evidence that could assist you in winning your car accident lawsuit against the defendant.

Usually, you can request a copy of your police report from the precinct which was responsible for the investigation by calling their emergency number and providing an invoice or incident number to identify the report. The police department might also have a website on which you can request copies of your records online.

You will need to file a lawsuit against the driver who was at fault after your medical expenses or lost wages property damage reach the amount of. The police report can be an effective tool in settlement negotiations, especially when you can demonstrate that the other driver was largely at fault based on the officer's observations. However, many cases reach an agreement without ever going to trial. The pre-trial process can be long and your case might not be resolved until one year after filing it.

Insurance Company Negotiations

Once an adjuster has all of the information they require from you as well as the investigation into the car accident They will then extend an offer of settlement. To generate their first offer, they'll input all the details and facts into the computer program. Most likely, they'll make a smaller amount than you anticipated from your investigation. When insurance companies make settlement offers, they have their own financial interests in mind.

They'll want to reduce the amount they have to pay for medical bills and other damage. You are able to fight back if you explain the way your injuries will affect your life in future. For instance, you could highlight your growing medical bills, your diminished earning potential, as well in the mental and physical suffering you're feeling.

Your attorney or you then draft a letter of demand and submit it to an insurer. The letter should contain all the evidence you've gathered, including witnesses' statements and photographs of your injuries. You'll also prepare an inventory of the items you cannot negotiate, so you can prevent the insurance company from negotiating with you. Once an agreement has been reached and the written settlement contract will reflect it. It's common for a back-and-forth to occur during these negotiations, but staying calm will allow you to reach a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which the parties exchange information and evidence. The parties can seek medical records, police reports and witness statements. They will also send another interrogatories (written questions that need to be answered under oath before the end of a specified time). In addition your lawyer will record the extent of your physical emotional and psychological traumas and any other damages you could seek compensation for that are incurred, such as future medical expenses, property damage and lost wages.

Your lawyer will consult with other experts like medical specialists, mechanics, and engineers. These experts will aid in painting a the vivid picture of your crash and your injuries for the jury.

Finally, your attorney will begin negotiations with insurance companies to try to resolve your claim without trial. If the insurance company doesn't provide you with an acceptable settlement or does not take into account your injuries and other damages your case will likely go to trial.

Although few cases actually make it to trial, it is crucial for victims to start a lawsuit as quickly as possible. Memories fade, witnesses die and evidence can disappear in time making it more difficult to present a convincing case for the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which could range from 1 to 6 years.

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