Phases of an auto accident attorney Accident Lawsuit

Car crash injuries could result in significant medical bills along with property damage and lost wages. A knowledgeable attorney can assist you in getting the amount of compensation you deserve.

The procedure can differ from case-to-case, but usually begins with the filing of an accusation. This is followed by the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an important element of any auto accident lawsuit. They will assist a judge or jury comprehend the impact of the accident on your life. This includes the emotional, financial, and physical costs. Insurance companies will be unable to argue with the information provided by medical records.

You may only have a certain amount of time, based on the laws in your state and the policies of your doctor to request medical records. This is the reason why you should discuss your legal needs whenever you can after an accident. The law provides 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 who can view your medical records. Insurance companies are usually keen to find anything that might indicate that your injuries were not pre-existing or not as severe as you claim.

Your lawyer will make use of the medical records you provide to prepare a letter of demand that will include evidence in support of the damages you want. It is important that your lawyer only send relevant medical documents to the insurance company, as they may request you to sign an authorization that allows them to access all your medical records. This is not in your best interests since it could reveal previous injuries that aren't connected to the current claim.

Police Reports

Each time a police officer responds to a call for help, including an accident, he or she prepares a police report. Even though they're not admissible in court (they are deemed to be hearsay) they can provide valuable information to attorneys investigating an incident and preparing an argument.

A police report is an objective account of what transpired in the crash, based upon witness statements and observations regarding the damage to the vehicles the weather, the drivers and more. It's an important evidence that can aid in winning an auto accidents accident lawsuit.

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

When your medical bills as well as property damage and lost wages exceed the amount of a certain amount, then you'll have to file a lawsuit against the at-fault driver. The police report can be a useful tool during settlement negotiations, particularly when you can prove that the other driver was largely at fault based on the officer's observations. Many cases are settled without going to trial. Pre-trial proceedings can take a long time and your case might not be resolved until a year after filing it.

Insurance Company Negotiations

When the adjuster has all the information he needs from you and your automobile accident investigation, he'll make an offer for settlement. They will enter all the information and facts into a computer program in order to make their initial offer. They will most likely come up with a number which is significantly lower than the number you calculated based on your investigation. When insurance companies make settlement offers, they've got their own financial interest in the back of their heads.

They will want to limit how much they will have to pay for medical bills and other damages. You are able to fight back if you mention the negative effects your injuries could have on you and affect your life in future. You can, for example you can highlight the mounting medical bills, your diminished earnings potential, as well being aware of the physical and mental suffering you are experiencing.

You or your attorney will then prepare an official demand letter and then present it to an insurer. It will contain all the evidence you have gathered such as statements from witnesses, photographs of your injuries, and any documentation supporting your losses. You should also make a list of non-negotiables to prevent the insurance company from undervaluing your claim. Once an agreement is reached and the written settlement contract will reflect it. Negotiations often involve back and forth process, but being patient can help you achieve a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which the parties exchange information and evidence. Parties can seek medical records and police reports and witness statements. The parties may also trade interrogatories which are written inquiries which have to be answered on an oath within certain times. In addition, your attorney will document the extent of your physical emotional and psychological injuries as well as the other damages that you could be seeking to recover, including existing and projected future medical expenses, property damage and lost wages.

Your lawyer will confer with other experts like mechanics, medical specialists and engineers. These experts will aid in painting a an appealing picture of your crash and the injuries you sustained for the jury.

Your lawyer will begin negotiations with insurance companies in order to attempt to settle your claim without a trial. If the insurance company does not offer an equitable settlement or does not consider your injuries and other damages, your case is likely to be heard in court.

It is essential that victims file a suit as soon as they can, even if only a handful of cases get to the courtroom. Memories fade, witnesses can disappear and evidence may be lost over time and make it difficult to make a strong case for maximum compensation. Plus, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.