Phases of an Auto Accident Lawsuit

Property damage, Auto Accident Lawsuit medical bills and lost wages could be substantial following an accident. A knowledgeable attorney can assist you in getting the amount you are due.

The process can vary from case to case but typically, it begins with the filing of an accusation. Then follows the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential part of any auto accident lawsuit. They can help a jury or judge understand how the injury has had an impact on your life, including the physical, emotional and financial burdens of your injuries. Medical records can also tell a story that insurance companies will have a tough to dispute.

Based on the laws of your state and your doctor's policy You may be granted the time to request medical records from your healthcare provider. This is why you should discuss your legal needs whenever you can following an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA is a law that protects your right to access these medical records. But, this doesn't mean that only you or your lawyer are able to view your medical records. Insurance companies constantly look for evidence that could indicate your injuries may not be as severe as you think or have a pre-existing condition.

Your lawyer will use the medical records that you supply to write the letter of demand, which will include evidence supporting the damages you're seeking. It is imperative to ensure that your lawyer provides relevant medical documents to the insurance company, since they might ask you to sign an authorization that permits them to access all of your medical records. This is not in your best interest as it could reveal past injuries that aren't directly related to the current claim.

Police Reports

Police reports are generated each time a police officer responds to an emergency or accident, such as car accidents. Although they aren't admissible in a court of law (they are considered to be hearsay) they can provide valuable information to attorneys when they are investigating and preparing cases.

A police report is an objective account of what happened during the crash, based on witness statements and observations about the vehicle's damage and weather conditions, drivers and more. It is an important evidence that can aid you in winning an auto accident lawsuit.

You can usually request a copy from the precinct responsible for the investigation. Call their non-emergency line and provide the receipt or incident number for identification. The police department may have a website where you can request copies of the records online.

You'll need to file a lawsuit against the driver responsible once your medical bills, lost wages, and property damage exceed an amount. The police report is an effective tool for settlement negotiations, especially if you can prove the other driver's fault from the evidence provided by the officer. In many cases, however, the parties reach an agreement without 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

When the adjuster has all of the information they require from you as well as your car accident investigation, he will make an offer for settlement. To make their first offer, they'll enter all the details and facts into a computer program. They'll likely come up with a number that is much lower than the one you calculated based on your research. When insurance companies offer settlement offers, they've got their own financial interests in mind.

They'll want to limit the amount they'll have to pay for your medical expenses and other damage. You are able to fight back if you point out how your injuries will negatively impact your life in the future. For instance, you can refer to your rising medical bills, your lost earnings capacity and the physical and emotional suffering that you're currently experiencing.

Your attorney or you create the letter of demand and present it to an insurer. This letter will include all the evidence you've collected, including witnesses' statements and photographs of your injuries. Also, you'll make an inventory of your non-negotiables to ensure you can prevent the insurance company from under-pricing you. Once an agreement is reached it will be documented in an agreement for settlement in writing. Negotiations are usually back and forth affair, but remaining patient will help you achieve a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. Parties can request medical records, police reports, as well as witness statements. The parties can also exchange interrogatories, which are written questions that have to be answered under oath within a certain time. Additionally, your attorney will document the extent of your physical, emotional and psychological injuries and the additional damages that you could seek to compensate for that are incurred, such as future medical costs, property damage, and lost wages.

Your lawyer will also confer with experts such as medical specialists mechanics, engineers, and auto accident lawsuit mechanics. These experts will aid in painting a the vivid image of the accident and your injuries for the jury.

Your attorney will then begin discussions with insurance companies to resolve your case without trial. If the insurance company does not provide you with an acceptable settlement or does not take into account your injuries and other losses, your case will likely be heard in court.

Although a small percentage of cases go to trial, it is vital for the victims to file a lawsuit as soon as possible. Over time, memories fade, witnesses die, and evidence disappears which makes it more difficult to make a strong claim for the most compensation. Plus, you must comply with the statute of limitations in your state, which can be anywhere from one to six years.