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Phases of an Auto Accident Lawsuit

Injuries from car crashes can lead to significant medical bills along with property damage and lost wages. An experienced lawyer can help you get the compensation you require.

The process may differ from case-to-case, but typically, it begins with the filing of a complaint. Then follows the discovery phase, trial and any appeals.

Medical Records

Medical records are an essential part of any auto accidents accident lawsuit. They will aid the judge or jury to comprehend how the accident affected your life, as well as the emotional, physical and financial cost of your injuries. Medical records will also reveal an account that insurance companies will have a difficult to argue.

Based on the laws of your state and your doctor's guidelines depending on your state's laws and your doctor's policy, you could have the time to request medical documents from healthcare providers. This is why it is important to discuss your legal needs as soon as possible following an accident. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones to access your medical records. Insurance companies are always looking for any sign that could indicate that your injuries aren't as severe as you claim or pre-existing.

Your lawyer will use your medical records to create a demand letter which will contain evidence to justify the damages you're seeking. Your lawyer should only provide the relevant medical records to your insurance company. They might request you to allow them to access your entire medical record. This is not beneficial to your claim since it could reveal injuries from the past that are not related to the claim.

Police Reports

Every time a police official responds to a call for help, such as an accident, he prepares a police report. While they cannot be used in the courts of law (they are deemed to be hearsay) they can provide valuable information to attorneys in the process of investigating and preparing cases.

A police report provides an objective view of what happened during the accident, based on witness statements and observations about the vehicles' damage, weather conditions, drivers and more. It is an important piece of evidence that can aid you in winning an auto accident lawsuit.

You can typically request a copy of the records from the precinct who handled the investigation. Call their emergency line and provide the receipt or incident number for identification. You can request copies of the report through the police department's website.

You will need to file a suit against the driver responsible when your medical bills or lost wages property damage exceed an amount. The police report can be an effective tool for settlement negotiations, particularly when you can establish the other driver's responsibility through the observations of the officer. Many cases are settled without having to go to trial. Pre-trial proceedings can take a long time and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

When the adjuster has all of the information they need from you and your automobile accident investigation, he'll make an offer to settle. They will enter all the information and facts into a program that will make their initial offer. Most likely, they'll make a lower number than you calculated using your research. When insurance companies offer settlement offers, they have their own financial interests in the back of their heads.

They'll want to limit the amount they'll need to pay for medical bills and other damages. You are able to fight back if you highlight the way your injuries will impact your life in the coming years. You can, for example mention your increasing medical bills and the loss of earning potential, as well in the mental and physical suffering you are experiencing.

You or your lawyer will create a demand letter and present it to the insurer. The letter should contain all of the evidence that you've collected, including witnesses' statements and photographs of your injuries. You will also create an outline of the things you will not negotiate to stop the insurance company from undervaluing your claim. Once an agreement has been reached the settlement agreement written will reflect it. It's normal for a back and forth to occur during these negotiations, but being 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 can seek medical records, police reports, and witness statements. They will also provide any additional interrogatories (written questions that must be answered under oath by the end of a specified time). Your lawyer will also record the extent of the physical, emotional, and psychological injuries you've suffered, in addition to any other damages which could be sought, including the current and anticipated medical expenses, property damage, and lost wages.

Your lawyer will talk to other experts, such as mechanics, medical experts and engineers. These experts will help paint a an accurate image of your crash and the injuries you sustained for the jury.

Your lawyer will then start negotiations with insurance companies to settle your case without a trial. If the insurance company offers you a small settlement or does not take your injury and other damages into consideration the case could go to trial.

While a small number of cases do get to trial, it is vital for the victims to start a lawsuit as quickly as they can. Over time, memories fade, witnesses die and evidence is lost which makes it more difficult to make a strong claim for the most compensation. You must also adhere to the statute of limitations in your state that can range between 1 and 6 years.