공지사항

Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages can be significant following an accident. A knowledgeable attorney can help to get the compensation you need.

The procedure can differ depending on the case, but generally, it begins with the filing of an action. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an essential component of any auto accident lawyers auto accident attorneys lawsuit. They can help the judge or jury to determine how the accident has impacted your life, including the emotional, physical and financial costs of your injuries. Medical records can also tell an account that insurance companies will have a tough to dispute.

You might only have a limited period of time, based on the laws in your state and the policies of your doctor to request medical records. It is recommended to consult with your lawyer as soon after an auto accident law as you can. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or auto accident lawsuit your lawyer will be able to see your medical records. Insurance companies constantly look for evidence that could suggest your injuries may not be as severe as you think or that you have a pre-existing condition.

Your lawyer will use the medical records you provide to create the letter of demand, which will include evidence to support the damages you seek. Your lawyer should only supply the relevant medical documents to your insurance company. They might ask you to authorize them to access your entire medical record. This is not in the best interest of your claim as it may reveal injuries from the past that are not related to this claim.

Police Reports

Police reports are prepared each time a law enforcement officer responds to an emergency for example, car accidents. Even though they aren't admissible in court (they are considered hearsay), they do provide important information to attorneys when investigating an accident and preparing a case.

A police report is an objective account of the incident, based on the witness testimony of the officer and his observations of the weather conditions, drivers, and other factors. It is an important piece of evidence that can help you win your lawsuit for car accidents against the defendant.

You can typically request a copy of the records from the police precinct that handled the investigation. Contact their non-emergency number and provide a receipt or an incident number for identification. The police department may also have a website where you can request copies online.

After your medical expenses or property damage, as well as lost wages reach the amount of a certain amount, then you'll need to bring a lawsuit against the driver who is at fault. The police report can be an essential tool in settlement negotiations, especially in cases where you can prove other driver's fault from the evidence provided by the officer. Many cases are settled without going to trial. The process of preparing for trial can be lengthy and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

When the adjuster has all of the details they require from you and your automobile auto accident settlement investigation, he'll make an offer to settle. To make their first offer, they will enter all the details and facts into the computer program. They'll probably produce a number that's much lower than what you calculated from your research. When insurance companies offer settlement offers, they've got their own financial interests in their minds.

They'll want to reduce the amount they'll have to pay for medical expenses and other damages. You can counter by pointing out the many ways that your injuries will affect your life going forward. For instance, you can draw attention to your increasing medical bills, your diminished earning potential, and the emotional and physical pain you're experiencing.

You or your lawyer will then draft a demand letter and then present it to the insurer. It should include all the evidence you've gathered such as witness statements, photos of your injuries and any documents supporting your losses. You should also create an inventory of the items you cannot negotiate, so you can deter the insurance company from lowballing you. Once an agreement is reached, the written settlement agreement will reflect it. Negotiations are often a back and forth process, but remaining patient will aid in achieving an equitable settlement.

Legal Advice

The next step in a car lawsuit involving an auto accident lawyers is discovery, where both parties exchange information and evidence. Parties may require medical records or police reports and witness statements. The parties will also exchange interrogatories that are written questions which have to be answered on oath within a certain time. Your attorney will also document the severity of the physical, emotional, and psychological injuries you've suffered, in addition to any other damages that may be sought, such as current and projected medical expenses as well as property damage and lost wages.

Your lawyer will also talk with experts, such as medical experts mechanics, engineers and mechanics. These experts will help paint a a vivid picture of the crash and your injuries for the jury.

Your lawyer will then begin negotiations with the insurance companies to resolve your case without trial. If the insurance company is unable to provide you with a fair settlement, or does not take into account your injuries and other damages your case will likely be heard in court.

It is essential that victims file a lawsuit promptly even though very few cases will ever make it to court. Memories fade, witnesses die and evidence can disappear over time making it more difficult to build a strong case for the maximum amount of compensation. You must also comply with your state's statute of limitations which can range from 1 to 6 year.