Now That You've Purchased Auto Accident Law ... Now What?

Phases of an auto accident legal Accident Lawsuit

Car crash injuries can result in significant medical bills, property damage, and even lost wages. An experienced lawyer can assist you in obtaining the amount you are due.

The process varies from case to case however, generally it starts with filing a complaint. This is followed by the discovery phase, trial and any appeals.

Medical Records

Medical records are an essential element of any auto accident lawyers accident lawsuit. They will help the judge or jury determine how the accident has affected your life, including the physical, emotional and financial burdens of your injuries. Insurance companies will find it difficult to dispute the story told by medical records.

Based on the laws of your state and your doctor's guidelines You may be granted limited time to request medical records from healthcare providers. You should consult your lawyer as soon following an accident as it is possible. The law guarantees access to these records by implementing the Health Information Portability and auto accident lawsuit Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer can view your medical records. Insurance companies constantly look for evidence that suggests your injuries may not be the severity you claim or have a pre-existing condition.

Your lawyer will utilize your medical records to create a demand letter which will include evidence to support the damages you're seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They may request you to allow them to access your complete medical record. This is not in your best interests since it could reveal previous injuries that aren't directly related to the current claim.

Police Reports

Each time a police officer responds to a call for assistance, or an auto accident settlement, he makes a police report. While they cannot be used in a court of law (they are deemed to be hearsay), they provide valuable information for auto accident lawsuit attorneys when researching and preparing cases.

A police report gives an objective account of the accident, based on the witness' testimony as well as the officer's observations of the weather conditions, the drivers, and other aspects. It is an important piece of evidence that can help you win an auto accident lawsuit.

You can typically request a copy of the records from the precinct who handled the investigation. Call their non-emergency line and provide a receipt or an incident number as proof of identification. You can also request copies of records through the department's website.

You will need to file a suit against the driver who was at fault after your medical expenses as well as lost wages and property damage reach a certain value. The police report can be an effective tool in settlement negotiations, particularly when you can prove that the other driver was largely at blame based on the officer's observations. Many cases are settled without going to trial. It may take some time to work through the pre-trial process and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the data they require from you and the investigation of the car accident is complete, they will offer an offer of settlement. To generate their first offer, they will enter all the details and facts into the computer program. They'll most likely arrive at a figure that's much lower than what you calculated from your investigation. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll seek to limit the amount they have to pay in medical bills and other damages. You can counter by pointing out the many ways that your injuries will affect your life going forward. For instance, you could highlight your growing medical bills, your decreased earnings capacity and the physical and emotional suffering you're experiencing.

You or your attorney will create an order letter and present it to an insurance company. The letter should include all the evidence you've collected, including witness statements and photos of your injuries. Also, you'll make an inventory of your non-negotiables to ensure you can deter the insurance company from lowballing you. Once an agreement is reached, the written settlement agreement will reflect it. It's normal for a back and forth to take place during these negotiations, but staying patient will help you reach a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which the parties exchange information and evidence. The parties may request medical records, police reports, and witness statements. They will also send any additional interrogatories (written questions that must be answered under oath by the expiration of a specific time). Your attorney will also record the extent of physical, emotional, and psychological injuries you've suffered, as well as any other damages that may be sought out, 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, such as mechanics, medical professionals, and engineers. These experts can help the jury to get clear information about the injuries and accidents you sustained.

Your lawyer will then begin discussions with the insurance companies to resolve your case without trial. If the insurance company is willing to offer you a low amount of money or does not take your injury and other damages into account your case is likely to proceed to trial.

While a small number of cases do make it to trial, it is important for victims to begin a lawsuit as soon as is possible. Memories fade, witnesses pass away, and evidence can be lost as time passes making it more difficult to establish a compelling argument for the most compensation. You must also follow your state's statute of limitations, which can vary from 1 to 6 years.