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Phases of an Auto Accident Lawsuit

Car auto accident settlement injuries can result in substantial medical bills along with property damage and lost wages. An experienced lawyer can help you in receiving the justice you deserve.

The procedure varies from case-to-case, but generally starts by filing an action. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are an essential part of any auto accident litigation auto accident legal lawsuit. They can help jurors or judges comprehend the impact of the accident on your life. This includes the emotional, financial physical and emotional costs. Insurance companies will be unable to argue with the information provided by medical records.

Depending on your state's laws and your doctor's policy depending on your state's laws and your doctor's policy, you could have a limited amount of time to request medical documents from healthcare providers. This is the reason you should contact your lawyer as soon as possible following an auto accident lawyer. The law safeguards your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones able to view 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 use the medical information you provide to draft the letter of demand that includes evidence to justify the damages you're seeking. It is essential that your lawyer only provide relevant medical documents to the insurance company as they may request you to sign a medical authorization that allows them to access all of your medical records. This is not the best option for your claim since it could reveal injuries from the past that are not related to the claim.

Police Reports

When a police officer responds to a call for assistance, or an accident, he or she creates a police report. Although they cannot be admitted in a court of law (they are deemed to be hearsay), they provide valuable information for attorneys who are researching and preparing cases.

A police report provides an objective account of the incident that is based on the witness testimony of the officer and his observations regarding the weather conditions, drivers, and a variety of other factors. It's an important piece of evidence that could assist you in winning your car accident lawsuit against the defendant.

Usually, you can request a copy your police report from the police station that handled the investigation by calling their non-emergency line and supplying a receipt or incident number to identify it. You can request copies of your police report through the police department's website.

When your medical bills as well as property damage and lost wages reach an amount you can afford, you will need to file a lawsuit against the at-fault driver. The police report is an effective tool for settlement negotiations, Auto Accident Lawsuit especially when you can establish the other driver's guilt based on observations made by the officer. A lot of cases are settled without having to go to trial. The process of preparing for trial can be lengthy and your case might not be resolved until a year after filing it.

Insurance Company Negotiations

Once an adjuster has all of the information they require from you and the investigation into the accident, they will extend an offer for settlement. To create their initial offer, they will enter all the details and facts into an application on computers. They will most likely arrive at a figure which is significantly lower than the number you calculated from your research. 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 wish 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 your injuries will negatively impact your life in the coming years. For instance, you could highlight your growing medical bills and lost earnings potential, as well as the physical and mental suffering you're feeling.

Your attorney or you will then prepare the letter of demand and then present it to an insurance company. This letter should include 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 ensure that the insurance company is not undervaluing your claim. After an agreement has been reached the settlement agreement written will reflect it. Negotiations often involve back and forth, but remaining patient will ensure an equitable settlement.

Legal Advice

The next stage in the car lawsuit involving an auto accident settlement is discovery, where the parties exchange information and evidence. The parties can request medical records, police reports, and witness statements. They will also send the other interrogatories (written questions that have to be answered under oath by the end of the specified time). In addition your attorney will provide documentation of the extent of your physical emotional and psychological injuries as well as the other damages that you could seek to compensate for, including existing and projected future medical costs, property damage, and lost wages.

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

Your attorney will then start negotiations with the insurance companies to resolve your case without trial. If the insurance company offers you a small settlement or does not take your injuries and other damages into consideration the case could be heard at trial.

It is important that victims file a lawsuit promptly, even if only a handful of cases make it to the courtroom. The memories fade, witnesses die and evidence can disappear over time and it becomes difficult to build a strong case for maximum compensation. Plus, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.