Phases of an auto accident law Firms Accident Lawsuit

Damage to property, medical bills, and lost wages can be significant following an auto accident attorney accident. An experienced lawyer can help you in obtaining the justice you deserve.

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

Medical Records

Medical records are an essential element of any auto accident lawsuit. They can assist jurors or judges understand the impact of the accident on your life. This includes the emotional, financial physical, and emotional expenses. Medical records will also tell an insurance company a story they will have a tough to argue.

You may only have a specific period of time, based on the laws in your state and the policy of your doctor to obtain medical records. You should speak with your lawyer as soon following an accident as possible. The law guarantees access to these records with the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer will be able to access your medical records. Insurance companies are usually keen to look for anything that could suggest your injuries were pre-existing or not as severe as you think.

Your lawyer will make use of your medical records to draft a demand letter, which will contain evidence to justify the damages you seek. It is imperative that your lawyer only provide relevant medical documents to the insurance company as they may ask you to sign an authorization that permits them to access all of your medical records. This is not in your best interests as it could reveal past injuries that aren't connected to the present claim.

Police Reports

Police reports are produced each time a police officer responds to an emergency call, including car accidents. While they cannot be used in a court of law (they are considered to be hearsay) they are valuable information for attorneys when researching and preparing cases.

A police report provides an objective report of what transpired in the accident, based on witness testimonies and the officer's observations regarding the damage to the vehicle, weather conditions, drivers, and so on. It's an important document that can aid you in winning your car accident lawsuit against the defendant.

Typically you can request a copy your police report from the police station that was responsible for the investigation by calling their non-emergency line and supplying a receipt or incident number to identify it. The police department may have a website on which you can request copies of your records online.

You'll have to file a lawsuit against the driver at fault after your medical expenses, lost wages, and property damage exceed a certain value. The police report can prove to be a helpful tool during settlement negotiations, especially in cases where you can show that the other driver was at fault based on the officer's observations. Many cases end up reaching settlements without ever going to trial. It can take time to go through the pre-trial process and your case could not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all of the information they require from you as well as the investigation into the accident, they will extend an offer of settlement. To make their first offer, they'll input all the information and details into an online program. They will most likely produce a number that is much lower than the one you calculated from your research. 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 have to pay for medical bills and other damage. You can fight back when you point out the negative effects your injuries could have on you and impact your life in the future. For instance, you could highlight your growing medical bills, your lost earning potential, and the emotional and physical pain you're experiencing.

Your lawyer or you will then draft a demand letter and send it to the insurance company. This should include all the evidence you've collected including statements from witnesses, photographs of your injuries, as well as documents supporting your losses. You should also make an inventory of non-negotiables in order to stop the insurance company from undervaluing your claim. If an agreement is reached the agreement will be recorded in the form of a written settlement agreement. Negotiations are often a back and forth process, but perseverance will assist you in negotiating an equitable settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery, where both sides exchange information as well as evidence. The parties can request medical documents, police reports or witness statements. They will also provide any additional interrogatories (written questions that need to be completed under oath at the expiration of a specific time). In addition your attorney will provide documentation of the extent of your physical, emotional and psychological injuries and any other damages you could seek to compensate for, including existing and projected future medical costs, property damage, and lost wages.

Your lawyer will also talk with experts such as medical specialists, mechanics and engineers. These experts will help paint a an accurate image of the accident and the extent of your injuries to the jury.

Your attorney will then begin discussions with the insurance companies in order to resolve your case with no trial. If the insurance company doesn't provide you with an acceptable settlement or does not take into account your injuries and other losses, your case will likely go to trial.

Although a small percentage of cases get to trial, it is important for victims to begin a lawsuit as soon as possible. With time memories fade, witnesses pass away and evidence is lost and makes it harder to establish a solid claim for the most compensation. Plus, you must comply with the statute of limitations in your state, which can range from 1 to 6 years.