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Phases of an Auto Accident Law Firms Accident Lawsuit

Medical bills, property damage and lost wages could be significant following a car accident. An experienced attorney can assist you in obtaining the compensation you deserve.

The procedure can differ from case to case, but usually begins with the filing of the complaint. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an important part of any auto accident lawyer accident lawsuit. They will assist a judge or jury know the effects of the injury on your life. This includes the financial, emotional, and physical costs. Medical records will also reveal an account that insurance companies will have a difficult time disputing.

Based on the laws of your state and Auto Accident law Firms your doctor's guidelines You may be granted only a short amount of time to request medical records from your healthcare provider. You should speak with your lawyer as soon after an accident as is possible. The law guarantees access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your lawyer can examine your medical records. Insurance companies are always looking for any sign that might suggest your injuries may not be the severity you claim or if you have pre-existing injuries.

Your lawyer will use your medical records to prepare a demand letters, which will include evidence to support the damages you seek. It is crucial that your lawyer only provide relevant medical documents to the insurance company, since they might ask you to sign a medical authorization that permits them to access all of your medical records. This is not the best option for your claim since it could reveal injuries from the past that are not related to this claim.

Reports of the Police

Every time a police official responds to a request for help, which could include an accident, he produces a report. While they cannot be used in the courts of law (they are deemed to be hearsay), they provide valuable information to attorneys when they are conducting investigations and preparing cases.

A police report offers an objective account of the accident that is based on the witness' testimony as well as the officer's observations of the weather conditions, drivers, and other aspects. It is an important evidence that can help you win an auto accident lawsuit.

You can typically request a copy from the precinct who handled the investigation. Call their non-emergency line and provide an original receipt or an incident number for identification. The police department may have a website on which you can request copies of your records online.

You'll have to file a suit against the driver who was at fault once your medical bills along with lost wages and property damage reach the amount of. The police report can be a valuable tool during settlement negotiations, especially if you can prove that the other driver was at fault based on the police officer's observations. A lot of cases are settled without having to go to trial. Pre-trial proceedings can take a long time and your case may not be resolved until one year after you file it.

Insurance Company Negotiations

When the adjuster has all of the information they require from you and your automobile accident investigation, he will make an offer of settlement. In order to create their first offer, they'll enter all the details and facts into an application on computers. They will most likely produce a number that is much lower than the one you calculated from your study. When insurance companies offer settlement offers, they've got their own financial interest in mind.

They'll wish to limit the amount they are required to pay for medical bills and other damages. You can fight back by pointing out the many ways that your injuries will affect your life in the future. For instance, you can highlight your growing medical bills, your diminished earning capacity and the physical and emotional suffering you're suffering.

Your attorney or you create a letter of demand and then present it to an insurer. It will contain all the evidence you've collected such as statements from witnesses, photographs of your injuries, and any documents supporting your losses. You will also create a list of the non-negotiables that will ensure that the insurance company is not undervaluing your claim. Once an agreement is reached the settlement agreement written will reflect it. It's normal for a back and forth to occur during the negotiation process, but remaining patient will help you reach an acceptable settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which both parties exchange information and evidence. Parties may request medical records, police reports and witness statements. The parties may also exchange interrogatories which are written inquiries which must be answered under oath within a certain time. Additionally, your attorney will document the extent of your physical emotional and mental injuries as well as the other damages that you could seek compensation for in the future, including current and future medical expenses, property damage and lost wages.

Your lawyer will confer with other experts, including medical specialists, mechanics, and engineers. These experts can assist the jury to get a clear picture of the injuries and accidents you sustained.

Your lawyer will then begin negotiations with the insurance companies in order to settle your case without trial. If the insurance company doesn't provide you with an acceptable settlement or doesn't take into consideration your injuries or other damages, your case will likely be heard in court.

Although a small percentage of cases get to trial, it is vital for the victims to make a claim as soon as is possible. As time passes, memories fade, witnesses die and evidence is lost, making it more difficult to establish a solid claim for maximum compensation. You must also comply with the statute of limitations for your state, which can vary between 1 and 6 years.