Phases of an auto accident litigation auto accident legal lawsuit (just click for source)

Car crash injuries can result in substantial medical bills as well as property damage and loss of wages. An experienced attorney can assist you in obtaining the financial amount of compensation you deserve.

The process can vary from case to case but typically, it starts with the filing of the complaint. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an important element of any auto accident legal accident lawsuit. They will assist the jury or judge know the effects of the injury on your life. This includes the financial, emotional physical, and auto accident Lawsuit emotional costs. Insurance companies will be unable to dispute the story told by medical records.

In accordance with the laws of your state and your doctor's guidelines, you may have limited time to request medical records from your healthcare provider. You should speak with your lawyer as soon after an accident as you can. Health Information Portability and Accountability Act or HIPAA, protects your right to access these documents. However, this doesn't mean that only you or your attorney can view your medical records. Insurance companies are often keen to find anything that might suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will utilize your medical records to prepare a demand letters, which will include evidence to justify the damages you're seeking. Your lawyer should only give the relevant medical documents to your insurance company. They might ask you to grant them permission to access your complete medical record. This is not in your best interest as it could reveal past injuries that aren't directly related to the current claim.

Reports of the Police

Every time a police official responds to a call for assistance, or an accident, he or she makes a police report. Although they cannot be admitted in the courts of law (they are deemed to be hearsay), they provide valuable information to attorneys in the process of researching and preparing cases.

A police report is an impartial account of the accident that is based on the witness testimony of the officer and his observations of the weather conditions, the drivers, and a variety of other factors. It is a crucial piece of evidence that can aid you in winning a car accident lawsuit.

Usually, you can request a copy your police report from the precinct that was responsible for auto accident lawsuit the investigation by calling their non-emergency phone number and supplying an invoice or incident number to identify it. You can also request copies of police reports through the police department's website.

After your medical bills or property damage, as well as lost wages exceed an amount you can afford, you'll have to file a lawsuit against the driver at fault. The police report can be an essential tool in settlement negotiations, especially when you can prove the other driver's responsibility in the light of observations made by the officer. Many cases end up reaching an agreement without ever going to trial. It could take a long time to work through the pre-trial process and your case might not be resolved for a long time.

Insurance Company Negotiations

Once the adjuster has all of the information they require from you and your vehicle accident investigation, they will make an offer for settlement. They will input all the information and facts into a computer program to make their initial offer. Most likely, they will arrive at a less than the amount you calculated based on your study. It's important to remember that insurance companies have their own financial interest in mind when they decide on settlement offers.

They will wish to limit the amount they will have to pay for medical bills and other damages. You can fight back if you mention the way your injuries will affect your life in future. For instance, you can refer to your rising medical bills, your decreased earnings capacity and the physical and emotional suffering that you're currently experiencing.

Your lawyer or attorney will prepare a demand form and submit it to the insurance company. The letter should contain all of the evidence that you've gathered such as witnesses' statements and photographs of your injuries. Additionally, you should create a list of non-negotiables to stop the insurance company from undervaluing your claim. After an agreement has been reached, the written settlement agreement will reflect it. It's not uncommon for back-and-forth to take place during the negotiation process, but remaining calm will allow you to reach an equitable settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery, where both sides exchange information and evidence. The parties may request medical documents, police reports or witness statements. They will also provide each other interrogatories (written questions to be answered under oath by deadline). Your attorney will also document the extent of the physical psychological, emotional, and physical injuries you've suffered, as well as any other damages which could be sought, including current and projected medical expenses along with property damage, lost wages.

Your lawyer will also confer with experts such as medical professionals as well as mechanics and engineers. These experts will help paint a an appealing image of your crash and the injuries you sustained for the jury.

Finally, your attorney will begin negotiations with insurance companies to attempt to settle your claim with out a trial. If the insurance company fails to offer you an acceptable settlement or does not take into account your injuries and other losses, your case will likely be heard in court.

Although a small percentage of cases go to trial it is crucial for victims to file a lawsuit as soon as possible. The memories fade, witnesses pass away, and evidence can be lost in time and it becomes difficult to establish a compelling case for the maximum amount of compensation. In addition, you must abide with the statute of limitations in your state, which can vary from 1 to 6 years.