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Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages could be significant after a car accident. An experienced lawyer can help you receive the compensation you require.

The procedure is different from case to case, but generally, it begins with filing an action. Then comes the discovery phase, trial and any appeals.

Medical Records

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

Depending on your state's laws and the policy of your doctor depending on your state's laws and your doctor's policy, you could have a limited amount of time to request medical records from your healthcare provider. This is why you should speak with your lawyer whenever you can following an accident. The law guarantees access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer can examine your medical records. Insurance companies are generally keen to find anything that might suggest that your injuries were pre-existing or not as severe as you claim.

Your lawyer will utilize your medical records to prepare a demand letters, that will include evidence to support the damages you are seeking. It is important that your lawyer only provides relevant medical records to the insurance company as they may 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 connected to the present claim.

Police Reports

Police reports are generated each time a law enforcement officer responds to an emergency and also car accidents. Although they aren't admissible in a court of law (they are considered to be hearsay) they are valuable information to attorneys when they are investigating and preparing their cases.

A police report offers an independent account of the crash from the witness' testimony as well as the officer's observations of the weather conditions, drivers, and a variety of other factors. It is an important evidence piece that can help you win your car accident lawsuit against the defendant.

Usually, you can request a copy of your police report from the precinct which handled the investigation by calling their non-emergency line and supplying a receipt or incident number to identify it. The police department may also have a website on which you can request copies online.

If your medical bills, property damage and lost wages are at an amount you can afford, you'll have to file a lawsuit against the at-fault driver. The police report can be an essential tool in settlement negotiations, especially if you can prove the other driver's negligence through the observations of the officer. Many cases end up reaching an agreement without going to trial. It may take some time to go through the pre-trial process and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

When the adjuster has all of the information they need from you as well as your car accident investigation, he will make an offer of settlement. They will enter all the information and facts into a software program to create their initial offer. Most likely, they will arrive at a lower number than you calculated in your research. When insurance companies offer settlement offers, they've got their own financial interest in the back of their heads.

They'll want to limit the amount they have to pay for medical expenses and other damages. You can counter by highlighting the ways in which your injuries will negatively impact your life going forward. You could, for instance, point out your mounting medical bills, your diminished earning potential, as in the mental and physical pain you're experiencing.

You or your lawyer will then prepare a demand letter and present it to the insurance company. The letter should include all of the evidence that you've gathered, including witness statements and photos of your injuries. You should also make an inventory of non-negotiables in order to keep the insurance company from undervaluing your claim. When an agreement is reached, it will be reflected in an agreement to settle in writing. It's not uncommon for back-and-forth to occur during these negotiations, but remaining calm will allow you to reach a fair settlement.

Legal Advice

The next step in a car accident lawsuit is discovery, where both sides exchange information as well as evidence. The parties can request medical records, wakeuplaughing.com police reports and witness statements. The parties can also exchange interrogatories which are written inquiries that must be answered on the oath within a specified time. In addition your lawyer will record the extent of your physical emotional and mental injuries and any other damages you might seek to compensate for that are incurred, such as future medical expenses, property damage and lost wages.

Your lawyer will also talk with experts such as medical professionals mechanics, engineers and mechanics. These experts can assist the jury to get an accurate picture of your injuries and the accident.

Then, your lawyer will begin negotiations with insurance companies in order to attempt to settle your claim without trial. However, if the insurance company is willing to offer you a small settlement or does not take your injuries and other damages into consideration the case could go to trial.

Although few cases actually make it to trial, it is vital for the victims to file a lawsuit as soon as they can. Over time, memories fade, witnesses die, and evidence disappears, making it more difficult to make a strong claim for the highest amount of compensation. You must also comply with the statute of limitations in your state, which can vary between 1 and 6 years.