Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in significant medical bills along with property damage and lost wages. An experienced attorney can help you receive the compensation that you need.

The process may differ from case to case but generally, it begins with the filing of an action. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are a vital element in any berkeley auto accident attorney accident case. They will aid the judge or jury determine how the accident has affected your life, including the emotional, physical and financial burdens of your injuries. Medical records can also tell an account that insurance companies will have a difficult to dispute.

You may only have a specific amount of time, contingent on the laws in your state and the policy of your doctor, to request medical records. This is the reason why you should discuss your legal needs as soon as you can following an accident. The law guarantees access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your lawyer will be able to view your medical records. Insurance companies will often try to find anything that might suggest that your injuries were pre-existing or not so severe as you say.

Your lawyer will utilize the medical records you provide to create an order letter that will include evidence to support the damages you're seeking. It is essential that your lawyer only provide relevant medical records to the insurance company, as they may ask you to sign an authorization that allows them to access all of your medical records. This is not in your best interest since it could reveal previous injuries that aren't related to the current claim.

Police Reports

Each time a police officer responds to a request for help, including an accident, he or she creates a police report. Even though they aren't admissible in court (they are considered hearsay) They can provide important information to attorneys when investigating an incident and preparing a case.

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

You can usually request a copy from the precinct responsible for the investigation. Call their non-emergency phone number and provide the receipt or incident number as proof of identification. You can also request copies of police reports through the police department's website.

You will need to file a lawsuit against the driver who was at fault once your medical bills as well as lost wages and property damage reach a certain value. The police report can prove to be a helpful tool during settlement negotiations, especially if you can prove that the other driver was largely at fault based on the police officer's observations. A lot of cases are settled without having to go to trial. It can take a while to work through the pre-trial procedures and your case might not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the details they require from you and the investigation into the car accident, they will extend an offer of settlement. They will input all the facts and details into a computer program to make their initial offer. They'll probably produce a number which is significantly lower than the number you calculated from your investigation. When insurance companies offer settlement offers, they have their own financial interest in the back of their heads.

They'll wish to limit the amount they are required to pay for medical bills and other damages. You can fight back by pointing out the ways in which your injuries will negatively impact your life in the future. For example, you can draw attention to your increasing medical bills, your diminished earning potential, and the emotional and physical suffering you're experiencing.

Your attorney or you will then draft a letter of demand and submit it to an insurance company. The letter should contain all of the evidence that you've collected, including witnesses' statements and photographs of your injuries. You should also make a list of the non-negotiables that will stop the insurance company from undervaluing your claim. When an agreement has been reached the settlement agreement written will reflect it. It's common for a back-and-forth to take place during these negotiations, vimeo but being calm will allow you to reach an equitable settlement.

Legal Advice

The next step in a car accident lawsuit is discovery. During this process, both parties exchange information and evidence. Parties can request medical records and police reports, as well as witness statements. The parties may also exchange interrogatories, which are written questions that must be answered on an oath within the time limit. Additionally your lawyer will record the extent of your physical emotional and mental injuries and vimeo the additional damages you could seek compensation for in the future, including current and future medical costs, property damage, and lost wages.

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

Then, your lawyer will begin discussions with insurance companies to attempt to settle your claim without a trial. However, if the insurance company offers a low amount of money or does not take your injuries and other damages into account, your case will likely progress to trial.

While a small number of cases do get to trial, it is essential for victims to start a lawsuit as quickly as possible. Memories fade, witnesses can die and evidence can disappear as time passes, making it harder to present a convincing case for maximum compensation. It is also important to adhere to the statute of limitations in your state which can range from 1 to 6 years.