Phases of an auto accident attorney Accident Lawsuit

Property damage, medical bills and Auto Accident lost wages could be significant following an auto accident. An experienced attorney can help to get the compensation you require.

The procedure is different from case to case however, generally it starts with filing a complaint. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an important component of any auto accident lawsuit. They will help the judge or jury to determine how the accident has had an impact on your life, including the physical, emotional and financial costs of your injuries. Medical records will also tell an account that insurance companies will have a hard to dispute.

Depending on your state's laws and the policy of your doctor depending on your state's laws and your doctor's policy, you could have only a short amount of time to request medical documents from healthcare providers. This is the reason why you should discuss your legal needs immediately after an accident. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these records. However, this doesn't mean that only you or your attorney can examine your medical records. Insurance companies are always looking for any sign that could indicate that your injuries aren't as serious as you claim or if you have pre-existing injuries.

Your lawyer will use the medical records you provide to prepare a letter of demand that includes evidence to justify the damages you want. Your lawyer should only give the relevant medical records to your insurance company. They might ask you to grant them permission to access your entire medical record. This is not in your best interests since it could expose past injuries that aren't directly related to the current claim.

Police Reports

Police reports are created every time a law enforcement officer responds to an emergency for example, 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 conducting investigations and auto accident preparing cases.

A police report provides an objective view of what transpired in the crash, based on witness statements and observations about the vehicle's damage and weather conditions, drivers and more. It is an important piece of evidence that can help you win an auto accident lawsuit.

You can usually request a copy of the records from the precinct who handled the investigation. Contact their non-emergency number and provide a receipt or an incident number as identification. You can request copies of the report on the police department's website.

When your medical bills, property damage and lost wages exceed the amount of a certain amount, then you'll need to start a lawsuit against the driver at fault. The police report can be an effective tool for settlement negotiations, particularly when you can prove the other driver's negligence from the evidence provided by the officer. A lot of cases are settled without going to trial. It could take a long time to work through the steps before trial and your lawsuit might not be resolved for a long time.

Insurance Company Negotiations

When the adjuster has all of the information they require from you as well as your car accident investigation, he'll make an offer of settlement. In order to create their first offer, they'll input all the details and facts into the computer program. They'll most likely produce a number that's much lower than what you calculated based on your research. When insurance companies offer settlement offers, they have their own financial interests in mind.

They will seek to limit the amount they pay in medical bills and other damages. You are able to fight back if you highlight how your injuries will negatively impact your life in the future. For instance, you could highlight your growing medical bills, your diminished earnings potential, as well as the physical and mental pain you're experiencing.

You or your lawyer will create a demand letter and present it to the insurance company. This letter will include all the evidence you have gathered including witness statements and photos of your injuries. Additionally, you should create an inventory of non-negotiables in order to prevent the insurance company from undervaluing your claim. If an agreement is reached, it will be reflected in the form of a written settlement agreement. It's common 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, during which both parties exchange information and evidence. Parties can seek medical records and police reports, as well as witness statements. They may also send any additional interrogatories (written questions that must be completed under oath at the end of a specified time). Your attorney will also record the severity of the physical emotional, psychological, and physical injuries you've suffered, in addition to any other damages that might be sought, such as the amount of medical expenses you are currently and in the future, property damage, and lost wages.

Your lawyer will confer with other experts like medical specialists, mechanics, and engineers. These experts will help paint an accurate picture of the crash and the extent of your injuries to the jury.

Your lawyer will then start negotiations with the insurance companies to resolve your case with no trial. However, if the insurance company offers you an unsatisfactory settlement or fails to take your injuries and other damages into account your case is likely to proceed to trial.

While only a few cases go to trial it is important for victims to file a lawsuit as soon as possible. Memories fade, witnesses can die and evidence can disappear over time and it becomes difficult to build a strong case for maximum compensation. You must also follow the statute of limitations for your state which can range from 1 to 6 year.