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Phases of an Auto Accident Lawsuit

Property damage, medical bills, and lost wages can be significant after an auto accident. An experienced lawyer can help you in obtaining the justice you deserve.

The process is different from case-to-case, however, generally it starts with filing an action. Then follows the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an important component of any auto accident lawsuit. They will help a judge or jury know the effects of the accident on your life. This includes the financial, emotional physical, and emotional expenses. Insurance companies will find it difficult to challenge the narrative told by medical records.

Depending on your state's laws and the policies of your doctor You may be granted limited time to request medical records from your healthcare provider. It is recommended to consult with your lawyer as soon after an accident as you can. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these medical records. This doesn't mean you or your lawyer are the only ones who can examine your medical records. Insurance companies are always looking for anything that could suggest your injuries might not be as serious as you claim or have a pre-existing condition.

Your lawyer will use your medical records to prepare a demand letter which will contain evidence to justify the damages you're seeking. Your lawyer must only provide the relevant medical documents to your insurance company. They may request you to allow them to access your entire medical record. This is not beneficial to your claim since it could expose past injuries that are not relevant to this claim.

Police Reports

Every time a police officer responds to a call for help, which could include an accident, he or she creates a police report. Even though they aren't admissible in court (they are considered to be hearsay) however, they provide important information to attorneys when investigating an accident and preparing an argument.

A police report provides an objective report of what transpired in the accident, based on witnesses' testimonies and the officer's observations about the vehicle's damage as well as weather conditions, drivers and more. It's a vital evidence that can aid in winning an auto accident lawsuit.

Usually you can request a copy of your police report from the precinct 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 also have a website where you can request copies of records online.

When your medical bills or property damage, as well as lost wages exceed the amount of a certain amount, then you will need to file a lawsuit against the at-fault driver. The police report can be a valuable tool in settlement negotiations, especially if you can prove the other driver's guilt through the observations of the officer. Many cases end up reaching an agreement without 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 of the information they require from you as well as the car accident investigation They will then extend an offer for settlement. They will enter all the information and facts into a computer program in order to make their initial offer. Most likely, they'll arrive at a less than the amount you calculated from your study. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They will seek to limit the amount they are required to pay for medical bills and other damages. You can fight back by pointing out all the ways that your injuries will negatively impact your life in the near future. For example, you can draw attention to your increasing medical bills, your lost earning potential, and the physical and emotional suffering you're going through.

You or your lawyer will then draft a demand letter and present it to the insurer. This should include all the evidence you have collected including witness statements, photographs of your injuries and any evidence to support your losses. Additionally, you should create a list of non-negotiables 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. Negotiations are often a back and forth, but staying patient will ensure a fair settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery, during which both sides exchange information and evidence. Parties can seek medical records and police reports as well as witness statements. The parties can also exchange interrogatories which are written questions which have to be answered on an oath within the time limit. Your lawyer will also record the severity of the physical, emotional, and psychological traumas you've suffered in addition to any other damages that may be sought out, such as the amount of medical expenses you are currently and in the future as well as property damage and lost wages.

Your lawyer will also speak with experts like medical specialists as well as mechanics and engineers. These experts can assist the jury to get a clear picture of your accident and injuries.

Your attorney will then begin discussions with insurance companies in order to settle your case without a trial. If the insurance company provides you with an unsatisfactory settlement or fails to take your injuries and other damages into account, your case will likely proceed to trial.

It is crucial that victims file a lawsuit immediately, even if only a handful of cases make it to court. Memories fade, witnesses can disappear and evidence may be lost over time and make it difficult to make a strong argument for the most compensation. You must also comply with the statute of limitations for your state which can vary from 1 to 6 year.