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Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in significant medical bills, property damage, and even lost wages. An experienced lawyer can help you in obtaining the financial amount of compensation you deserve.

The procedure varies depending on the case, however, generally it starts with filing a complaint. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are an important part of any auto accident lawsuit. They will assist the judge or jury to know how the injury affected your life, including the physical, emotional and financial costs of your injuries. Insurance companies will have a hard time to refute the story portrayed by medical records.

In accordance with the laws of your state and your doctor's policy depending on your state's laws and your doctor's policy, you could have limited time to request medical documents from healthcare providers. This is why it is important to contact your lawyer as soon as you can after an accident. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these medical records. However, this does not mean that you or your lawyer are the only ones able to access your medical records. Insurance companies are often keen to discover anything that may suggest your injuries were pre-existing or not so severe as you say.

Your lawyer will make use of the medical records you provide to draft the letter of demand, which will include evidence supporting the damages you seek. Your lawyer should only provide the relevant medical documents to your insurance company. They may require you to give them permission to access your entire medical record. This is not beneficial to your claim since it could reveal previous injuries that are not connected to the claim.

Reports of Police

Each time a police officer responds to a request for assistance, or an accident, he produces a report. Although they're not admissible in court (they are considered hearsay), they do provide invaluable information to attorneys investigating an incident and preparing the case.

A police report is an objective report of what transpired in the crash, based upon witness testimonies and the officer's observations regarding the damage to the vehicles as well as weather conditions, drivers and more. It's a vital evidence that can aid you in winning an auto accident lawsuits accident lawsuit.

Typically, you can request a copy of your police report from the precinct which was responsible for the investigation by calling their emergency number and supplying an invoice or incident number to identify it. The police department might have a website on which you can request copies of the records online.

You will need to file a lawsuit against the driver who was at fault after your medical expenses along with lost wages and property damage have reached a certain value. The police report can be a useful tool during settlement negotiations, especially when you can prove that the other driver was at fault based on the police officer's observations. In many cases, however, the parties reach a settlement without ever going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until one year after filing it.

Insurance Company Negotiations

Once an adjuster has all the details they require from you as well as the investigation of the car accident and investigation, they will make an offer for settlement. They will input all the facts and details into a computer program to make their initial offer. They will most likely be able to come up with a figure that's much lower than what you calculated based on your study. When insurance companies offer settlement offers, Auto Accident Lawsuit they have their own financial interest in the back of their heads.

They'll wish to limit the amount they will have to pay for medical bills and other damages. You can fight back when you point out the way your injuries will affect your life in future. For instance, you could highlight your growing medical bills, your diminished earning potential, as well in the mental and physical suffering you're feeling.

Your lawyer or attorney will prepare a demand form and present it to the insurance company. This letter should include all of the evidence that you've collected, including witness statements and photos of your injuries. Also, you will create an outline of the things you will not negotiate to ensure that the insurance company is not undervaluing your claim. If an agreement is reached the agreement will be recorded in an agreement to settle in writing. Negotiations can be a back and forth, but staying patient will assist you in negotiating an equitable settlement.

Legal Advice

The next phase in the car lawsuit involving an accident is discovery, in which the parties exchange information and evidence. Parties may seek medical records and police reports, as well as witness statements. The parties will also exchange interrogatories that are written questions which must be answered under an oath within certain times. Your attorney will also document the extent of physical mental, emotional, or psychological injuries you have suffered, in addition to any other damages that could be sought, including current and projected medical expenses or property damage, as well as lost wages.

Your lawyer will speak with other experts like mechanics, medical professionals and engineers. These experts can assist the jury get clear information about your accident and injuries.

Then, your lawyer will begin negotiations with insurance companies to try to resolve your claim without trial. However, if the insurance company provides you with a small settlement or does not take your injury and other damages into consideration, your case will likely progress to trial.

While a small number of cases do make it to trial, it is important for victims to make a claim as soon as they can. As time passes, memories fade, witnesses die and evidence is lost and makes it harder to establish a solid claim to receive the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which could range from 1 to 6 years.