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Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages could be substantial following an auto accident attorney auto accident attorney. An experienced attorney can help to get the compensation you need.

The procedure varies from case-to-case, however, it generally begins with filing an action. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an important element in any auto accident lawyer accident lawsuit. They can help the jury or judge understand the impact of the injury on your life. This includes the financial, emotional physical and emotional costs. Insurance companies will find it difficult to refute the story portrayed by medical records.

You may only have a certain period of time, auto accident lawsuit based on the laws in your state and the policies of your doctor to request medical records. This is why it is important to discuss your legal needs whenever you can following an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA guarantees your right to access these documents. This does not mean you or your lawyer are the only ones to look over your medical records. Insurance companies constantly look for evidence that could suggest that your injuries aren't as severe as you think or if you have pre-existing injuries.

Your lawyer will use your medical records to prepare a demand letter which will contain evidence to support the damages you seek. Your lawyer should only give the relevant medical records to your insurance company. They might ask you to authorize them to access your complete medical record. This is not in the best interest of your claim, as it could reveal past injuries not related to this claim.

Reports of the Police

When a police officer responds to a call for assistance, or an accident, he produces a report. Even though they aren't admissible in court (they are considered hearsay) however, they provide valuable information to attorneys when investigating an incident and preparing an argument.

A police report is an objective view of what happened in the accident, based on witness testimonies and the officer's observations about the vehicle's damage, weather conditions, drivers, and so on. It is an important piece of evidence that can aid you in winning a lawsuit for car accidents.

Typically you can request a copy your police report from the precinct which handled the investigation by calling their non-emergency line and supplying the receipt or incident number to identify the report. The police department may have a website on which you can request copies of the records online.

If your medical bills as well as property damage and lost wages are at an amount you can afford, you'll need to start a lawsuit against the driver who is at fault. The police report is an important tool in settlement negotiations, especially in cases where you can prove other driver's responsibility through the observations of the officer. Many cases end up reaching an agreement without going to trial. Pre-trial proceedings can take a long time and your case may not be resolved until a year after filing it.

Insurance Company Negotiations

Once the adjuster has all the information they require from you and your automobile accident investigation, they will make an offer of settlement. They will input all the information and facts into a computer program to make their initial offer. They'll probably come up with a number that is much lower than the one you calculated based on your investigation. It's important to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll want to reduce the amount they'll need to pay for medical bills and other damage. You can fight back if you highlight the way your injuries will affect your life in the near future. For instance, you can you can highlight the mounting medical bills and the loss of earning potential, as being aware of the physical and mental pain you're experiencing.

Your lawyer or you will then draft a demand letter and submit it to the insurance company. It should include all the evidence you've gathered and include witness statements, photographs of your injuries and any evidence to support your losses. Additionally, you should create an inventory of non-negotiables in order to stop the insurance company from undervaluing your claim. Once an agreement is reached the written settlement agreement will reflect it. It's normal for a back and forth to occur during the negotiation process, but remaining calm will allow you to reach an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which both parties exchange information and evidence. Parties may request medical records, police reports as well as witness statements. The parties may also exchange interrogatories which are written inquiries that must be answered on an oath within certain times. In addition your attorney will provide documentation of the extent of your physical emotional and mental injuries and the additional damages you may seek to compensate for such as current and anticipated future medical expenses, property damage and lost wages.

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

Finally, your attorney will begin negotiations with insurance companies in order to attempt to settle your claim without trial. If the insurance company is unable to offer a fair settlement or does not consider your injuries and other damages your case will likely be heard in court.

It is important that victims file a lawsuit as soon as possible, even though few cases make it to the courtroom. The memories fade, witnesses disappear, and evidence could be lost over time, making it harder to establish a compelling case for the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which could vary from 1 to 6 years.