Phases of an Auto Accident Lawsuit

Car crash injuries can result in substantial medical bills, property damage and lost wages. An experienced lawyer can assist you receive the compensation you need.

The process can vary from case-to-case, but generally, it begins with the filing of the complaint. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are an important element of any newport auto accident lawyer accident lawsuit. They can help jurors or judges understand the impact of the injury on your life. This includes the financial, emotional physical, and emotional expenses. Insurance companies will find it difficult to argue with the information provided by medical records.

Depending on your state's laws and the policies of your doctor, you may have the time to request medical records from your healthcare provider. This is why it is important to speak with your lawyer immediately following an accident. Health Information Portability and Accountability Act, or HIPAA is a law that protects your right to access these medical records. However, this does not mean that only you or your lawyer will be able to examine your medical records. Insurance companies are generally keen to uncover anything that could suggest that your injuries are pre-existing or not as severe as you think.

Your lawyer will utilize the medical records you provide to create a letter of demand that will include evidence in support of the damages you are seeking. Your lawyer should only supply the relevant medical documents to your insurance company. They might ask you to grant 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 present claim.

Police Reports

Every time a police officer responds to a request for assistance, or an accident, he or she produces a report. While they're not admissible in court (they are considered hearsay) however, they provide important information to attorneys when investigating an incident and preparing the case.

A police report gives an objective account of the incident that is based on the witness' testimony as well as the officer's observations regarding the weather conditions, drivers, Auto Accident lawsuit and a variety of other factors. It's an important piece of evidence which can aid you in winning an auto accident lawsuit.

You can usually request a copy of the records from the police precinct that handled the investigation. Call their emergency line and provide an original receipt or an incident number to prove your identity. The police department might also have a website where you can request copies online.

You'll have to file a lawsuit against the person who caused the accident when your medical bills along with lost wages and property damage reach a certain value. The police report can be a valuable tool during settlement negotiations, particularly if you can prove that the other driver was at fault based on the officer's observations. But, many cases settle an agreement without going to trial. It can take a while to complete the pre-trial process and your case might not be resolved for a year or more.

Insurance Company Negotiations

After the adjuster has all of the information they need from you as well as your car accident investigation, he will make a settlement offer. They will input all the information and facts into a computer program to make their initial offer. They'll most likely arrive at a figure which is lower than what you calculated based on your investigation. It's important to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll seek to limit the amount they will have to pay for medical bills and other damages. You can fight back by highlighting all the ways your injuries will impact your life in the near future. For instance, you could highlight your growing medical bills, your diminished earning potential, as in the mental and physical pain you're experiencing.

Your lawyer or you will create a demand letter and then present it to the insurance company. It will contain all the evidence you have collected, including statements from witnesses, photographs of your injuries, and any documents that support your losses. You'll also prepare an inventory of your non-negotiables so you can stop the insurance company from undercutting you. If an agreement is reached and ratified, it will be included in an agreement to settle in writing. Negotiations are usually back and forth, but remaining patient will help you achieve an equitable settlement.

Legal Advice

The next stage of the car lawsuit involving an accident is discovery, in which both parties exchange information and evidence. Parties can require medical records or police reports and witness statements. They will also send any additional interrogatories (written questions that must be completed under oath at the end of the specified time). In addition your attorney will provide documentation of the extent of your physical emotional and psychological traumas and the additional damages you might seek to compensate for, including existing and projected future medical expenses, property damage and lost wages.

Your lawyer will also confer with experts such as medical professionals, mechanics and engineers. They will help paint a the vivid image of the accident and your injuries for the jury.

Your lawyer will then start discussions with insurance companies to resolve your case without trial. However, if the insurance company offers a low settlement or fails to take your injuries and other damages into account the case will be heard at trial.

It is essential that victims file a suit as soon as they can even though very few cases make it to the courtroom. As time passes, memories fade, witnesses die, and evidence disappears and it becomes more difficult to establish a solid claim for the highest amount of compensation. In addition, you must abide with the statute of limitations in your state, which could range from 1 to 6 years.