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Phases of an Auto Accident Law Firms Accident Lawsuit

Property damage, medical bills and lost wages could be substantial following an accident. An experienced lawyer can help you receive the compensation you require.

The process can vary from case-to-case, but generally it starts with the filing of an accusation. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an essential element in any auto accident case. They will assist jurors or judges know how the injury 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 hard time disputing.

You might only have a particular amount of time, depending on the laws of your state and the guidelines of your physician, to request medical records. This is the reason you should consult with a lawyer as soon as you can following an accident. Health Information Portability and Accountability Act or HIPAA guarantees your right to access these records. This doesn't mean you or your lawyer are the only ones able to access your medical records. Insurance companies are always looking for evidence that might suggest your injuries may not be as severe as you claim or if you have pre-existing injuries.

Your lawyer will utilize the medical records that you supply to write the letter of demand that will include evidence supporting the damages you seek. Your lawyer should only provide the relevant medical records to your insurance company. They might ask you to authorize them to access your complete medical record. This is not in the best interest of your claim as it may expose past injuries that are not relevant to the claim.

Reports of Police

When a police officer responds to a call for help, which could include an accident, he produces a report. Although they are not admissible in the courts of law (they are considered to be hearsay) they are valuable information to attorneys in the process of researching and preparing cases.

A police report is an objective account of what happened during the crash, based upon witness statements and the officer's observations about the vehicles' damage as well as weather conditions, drivers, and so on. It is a crucial piece of evidence that could help you win a lawsuit in a car accident.

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 as identification. You can also request copies of police reports through the department's website.

When your medical bills or property damage, as well as lost wages are at an amount you can afford, you'll have to make a claim against the driver who is at fault. The police report can be an important tool in settlement negotiations, especially if you can prove the other driver's responsibility based on observations made by the officer. Many cases end up reaching an agreement without ever 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

Once the adjuster has all of the information he needs from you and your automobile accident investigation, he will make an offer for settlement. To make their first offer, they'll enter all the details and facts into a computer program. Most likely, they will make a less than the amount you calculated using your investigation. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to limit the amount they'll have to pay for medical bills and other damages. You can counter by pointing out the ways in which your injuries will negatively impact your life in the future. For instance, you could draw attention to your increasing medical bills, your decreased earning capacity, and the physical and emotional suffering that you're currently experiencing.

Your lawyer or you will prepare a demand Auto accident law Firms form and then present it to the insurance company. This letter will include all the evidence you've gathered, including witnesses' statements and photographs of your injuries. You will also create a list of non-negotiables to stop the insurance company from undervaluing your claim. Once an agreement is reached the agreement will be recorded in an agreement for settlement in writing. It's normal for a back-andforth to take place during these negotiations, but staying patient will help you reach a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which the parties exchange information and evidence. The parties may request medical records, Auto accident law firms police reports and witness statements. The parties will also exchange interrogatories which are written questions which must be answered under an oath within certain times. In addition your lawyer will record the extent of your physical emotional and psychological injuries as well as the other damages you could seek to compensate for such as current and anticipated future medical expenses, property damage and lost wages.

Your lawyer will confer with other experts, including medical specialists, mechanics, and engineers. These experts can help the jury get clear information about the injuries and accidents you sustained.

Your attorney will then begin negotiations with insurance companies to resolve your case without trial. If the insurance company is willing to offer you an unsatisfactory settlement or fails to take your injuries and other damages into consideration the case will proceed to trial.

It is crucial that victims file a lawsuit immediately, even though few cases will ever make it to the courtroom. The memories fade, witnesses die and evidence can disappear as time passes, making it harder to make a strong case to get the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which can range from 1 to 6 years.