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Phases of an Auto Accident Lawsuit

Damage to property, medical bills, and lost wages can be significant after an auto accident. An experienced lawyer can assist you receive the compensation that you require.

The process is different from case to case, but generally starts by filing a complaint. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are an important part of any auto accident lawsuit. They will help a judge or jury know the effects of the injury on your life. This includes the financial, emotional physical, and emotional costs. Insurance companies will have a hard time to argue with the information provided by medical records.

In accordance with the laws of your state and the policies of your doctor, you may have only a short amount of time to request medical documents from healthcare providers. This is why you should contact your lawyer as soon as you can after an accident. Health Information Portability and Accountability Act, or HIPAA, protects your right to access these documents. This doesn't mean you or your lawyer are the only ones able to look over your medical records. Insurance companies are always looking for anything that could indicate your injuries might not be as severe as you claim or pre-existing.

Your lawyer will utilize the medical records you provide to create an order letter that includes evidence to justify the damages you're seeking. It is imperative that your lawyer only provide relevant medical records to the insurance company because they could ask you to sign an authorization that permits them to access all your medical records. This is not in your best interest since it could reveal previous injuries that aren't related to the current claim.

Police Reports

When a police officer responds to a request for help, including an accident, he prepares a police report. Although they're not admissible in court (they are deemed to be hearsay) they can provide valuable information to attorneys conducting an investigation and preparing cases.

A police report is an objective assessment of what happened in the accident, based on witnesses' testimonies and the officer's observations about the vehicles' damage the weather, the drivers and more. It's a vital evidence that can assist you in winning an auto accident lawsuit.

Typically, you can request a copy of your police report from the police station that handled the investigation by calling their emergency number and supplying the receipt or auto Accident lawsuit incident number to identify the report. The police department may have a website on which you can request copies of your records online.

After your medical bills or property damage, as well as lost wages reach the amount of a certain amount, then you will need to start a lawsuit against the driver who is at fault. The police report can be a valuable tool in settlement negotiations, particularly if you can prove the other driver's guilt in the light of observations made by the officer. A lot of cases are settled without having to go to trial. The process of preparing for trial can be lengthy and your case may not be resolved until one year after filing it.

Insurance Company Negotiations

Once an adjuster has all the details they need from you and the investigation into the car accident and investigation, they will make a settlement offer. They will enter all the facts and details into a software program to generate their initial offer. Most likely, they will produce a significantly smaller amount than you anticipated based on your research. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They will wish to limit the amount they pay in medical bills and other damages. You can fight back when you mention the way your injuries will affect your life in the near future. You can, for example you can highlight the mounting medical bills and the loss of earning potential, as as the mental and physical suffering you are experiencing.

Your lawyer or you will prepare a demand form and submit it to the insurance company. The letter should include all the evidence you've collected, including witnesses' statements and photographs of your injuries. You should also create the list of your non-negotiables to ensure you can prevent the insurance company from under-pricing you. Once an agreement has been reached, the written settlement agreement will reflect it. It's common for a back-and-forth to occur during these negotiations, but remaining in the moment will help you get an acceptable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, in which the parties exchange information and evidence. Parties may seek medical documents, police reports or witness statements. The parties may also trade interrogatories, which are written questions which must be answered under oath within a certain time. Additionally, your attorney will document the extent of your physical emotional and psychological injuries in addition to the other damages you might be seeking to recover, including existing and projected future medical costs, property damage, and lost wages.

Your lawyer will confer with other experts like mechanics, medical specialists and engineers. These experts can assist the jury to get an accurate picture of your accident and injuries.

Your lawyer will then begin negotiations with insurance companies in order to resolve your case without trial. If the insurance company does not offer you an equitable settlement or does not take into account your injuries or other damages, your case will likely go to trial.

It is important that victims file a lawsuit promptly, even though only a few cases will ever make it to court. Memories fade, witnesses pass away, and evidence can be lost as time passes, making it harder to make a strong argument for the most compensation. You must also adhere to your state's statute of limitations, which can vary from 1 to 6 year.