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Phases of an auto accident compensation auto accident settlement Lawsuit

Property damage, auto accident lawsuit medical bills, and lost wages can be significant after a car accident. A knowledgeable attorney can assist you in obtaining the financial amount you are due.

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

Medical Records

Medical records are an important element in any auto accident lawsuit. They will help the jury or judge know the effects of the injury on your life. This includes the emotional, financial physical and emotional costs. Medical records can also tell the story that insurance companies will have a hard to argue.

You may only have a specific period of time, based on the laws of your state and the policies of your doctor to obtain medical records. You should speak with your lawyer as soon after an accident as is possible. Health Information Portability and Auto Accident Lawsuit Accountability Act or HIPAA, protects your right to access these records. This does not mean you or your lawyer are the only ones to view your medical records. Insurance companies will often try to look for anything that could suggest that your injuries were pre-existing or not as severe as you think.

Your lawyer will use the medical information you provide to prepare a letter of demand that includes evidence to justify the damages you are seeking. Your lawyer should only give the relevant medical documents to your insurance company. They may require you to give them permission to access your complete medical record. This is not beneficial to your claim because it could reveal past injuries not related to the claim.

Police Reports

Police reports are produced each time a police officer responds to an emergency call or accident, such as car accidents. While they cannot be used in a court of law (they are considered to be hearsay) they are valuable information for attorneys who are researching and preparing cases.

A police report provides an impartial account of the auto accident attorney which is based on the witnesses' testimony as well as the officer's observations of the weather conditions, the drivers, and other elements. It is a significant document that can aid you in winning your car accident lawsuit against the defendant.

Typically you can request a copy of your police report from the police station that was responsible for the investigation by calling their emergency number and providing a receipt or incident number to identify the report. You can also request copies of records through the website of the police department.

You'll have to file a suit against the driver responsible when your medical bills along with lost wages and property damage have reached a certain value. The police report can be a valuable tool in settlement negotiations, particularly when you can establish the other driver's responsibility based on observations made by the officer. Many cases are settled without having to go to trial. The process of preparing for trial can be lengthy and your case may not be resolved until a year after you file it.

Insurance Company Negotiations

Once an adjuster has all the information they require from you and the investigation into the car accident and investigation, they will make an offer for settlement. To create their initial offer, they'll enter all the information and details into a computer program. They'll probably be able to come up with a figure that is much lower than the one you calculated based on your study. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll want to limit the amount they have to pay for medical expenses and other damages. You can fight back by highlighting the ways in which your injuries could affect your life in the future. For instance, you can refer to your rising medical bills, your lost earning capacity and the emotional and physical pain you're experiencing.

Your lawyer or you will prepare a demand form and send it to the insurance company. It will contain all the evidence you have gathered including witness statements, photographs of your injuries and any documents supporting your losses. You'll also prepare a list of your non-negotiables, so you can stop the insurance company from under-pricing you. After an agreement has been reached the settlement agreement written will reflect it. It's not uncommon for back-and-forth to occur during the negotiation process, but remaining patient will help you achieve an acceptable settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. Parties may seek medical records, police reports and witness statements. The parties can also exchange interrogatories that are written questions which have to be answered on an oath within the time limit. Additionally your attorney will provide documentation of the extent of your physical emotional and psychological traumas and any other damages you may be seeking to recover, including existing and projected future medical costs, property damage, and lost wages.

Your lawyer will consult with other experts, such as mechanics, medical professionals and engineers. These experts will aid in painting a a vivid image of your crash and the injuries you sustained for the jury.

Finally, your attorney will begin discussions with insurance companies to try to settle your claim without a trial. However, if the insurance company offers you a low settlement or does not take your injuries and other damages into consideration the case could go to trial.

It is important that victims file a lawsuit as soon as possible, even though only a few cases get to court. Memories fade, witnesses disappear and evidence may be lost in time and make it difficult to establish a compelling case to get the maximum amount of compensation. Additionally, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.