An Auto Accident Law Success Story You ll Never Be Able To

Phases of an Auto Accident Lawsuit

Medical bills, property damage, and lost wages can be significant following an accident. An experienced attorney can assist you in getting the amount of compensation you deserve.

The process varies from case-to-case, however, it generally begins with 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 can help jurors or judges know how the injury impacted your life, including the physical, emotional and financial costs of your injuries. Insurance companies will have a hard time to challenge the narrative told by medical records.

You may only have a specific amount of time, based on the laws of your state and the policies of your doctor to obtain medical records. This is why it is important to discuss your legal needs as soon as possible following an accident. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these documents. This does not mean you or your lawyer are the only ones who are able to view your medical records. Insurance companies will often try to discover anything that may suggest that your injuries are pre-existing or not so severe as you say.

Your lawyer will make use of the medical records you provide to draft an order letter that includes evidence to justify the damages you're seeking. Your lawyer should only supply the relevant medical records to your insurance company. They might require you to give them permission to access your entire medical record. This is not in your best interest since it could reveal previous injuries that aren't related to the current claim.

Police Reports

Police reports are generated each time a police officer responds to an emergency call or accident, such as car accidents. While they're not admissible in court (they are deemed to be hearsay) however, they provide invaluable information to attorneys conducting an investigation and preparing the case.

A police report provides an objective account of the incident which is based on the witnesses' testimony and the officer's observations of the weather conditions, the drivers, and other factors. It's a vital piece of evidence that could help you win an auto accident lawsuit.

You can usually request a copy of the records from the precinct responsible for the investigation. Call their non-emergency line and provide an invoice or an incident number as proof of identification. You can request copies of your police report through the website of the police department.

You'll have to file a suit against the driver at fault after your medical expenses, lost wages, and damages to property reach an amount. The police report can be an effective tool for settlement negotiations, particularly if you can prove the other driver's negligence through the observations of the officer. However, many cases reach 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

When the adjuster has all the information they need from you and your automobile accident investigation, he will make an offer for settlement. To make their first offer, they will enter all the details and facts into a computer program. They'll probably arrive at a figure that is much lower than the one you calculated from your research. It's important to remember that insurance companies have their own financial interest in mind when they decide on settlement offers.

They'll want to reduce the amount they'll have to pay for your medical bills and other damages. You can fight back by pointing out all the ways that your injuries could affect your life going forward. For instance, you could highlight your growing medical bills, the loss of earning capacity and the emotional and physical pain you're suffering.

You or your lawyer will then prepare a demand letter and send it to the insurance company. This letter will include all the evidence you've collected, including witness statements and photos of your injuries. You'll also make the list of your non-negotiables, so you can deter the insurance company from lowballing you. Once an agreement is reached and the written settlement contract will reflect it. Negotiations can be a back and forth affair, but being patient can ensure a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which the parties exchange information and evidence. Parties may seek medical records and police reports as well as witness statements. The parties may also trade interrogatories which are written questions that must be answered on an oath within certain times. Your attorney will also write down the severity of the physical, emotional, and psychological injuries you have suffered, as well as any other damages which could be sought, such as the current and anticipated medical expenses along with property damage, lost wages.

Your lawyer will also confer with experts like medical specialists, mechanics and engineers. These experts will help paint an appealing picture of the crash and your injuries for the jury.

Your attorney will then start negotiations with the insurance companies to resolve your case with no trial. If the insurance company does not provide you with a fair 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 suit as soon as they can even though very few cases will ever make it to the courtroom. With time, memories fade, witnesses die, and evidence disappears and makes it harder to file a convincing claim to receive the maximum amount of compensation. Additionally, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.