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Phases of an Auto Accident law firm Accident Lawsuit

Property damage, medical bills and lost wages may be substantial after a car accident. A knowledgeable attorney can help to get the compensation you need.

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

Medical Records

Medical records are a vital element of any auto accidents accident case. They will help the judge or jury comprehend how the accident impacted your life, including the emotional, physical and financial costs of your injuries. Medical records will also tell an account that insurance companies will have a difficult time disputing.

Depending on your state's laws and your doctor's guidelines In some states, you'll have a limited amount of time to request medical documents from healthcare providers. This is the reason why you should consult with a lawyer as soon as you can after an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA is a law that protects your right to access these records. However, this doesn't mean that you or your lawyer are the only ones to look over your medical records. Insurance companies will often try to find anything that might indicate that your injuries were not pre-existing or not as severe as you think.

Your lawyer will make use of the medical records that you supply to write the letter of demand that will include evidence to support the damages you are seeking. Your lawyer must 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 the best interest of your claim, as it could reveal injuries from the past that are not related to this claim.

Reports of the Police

Each time a police officer responds to a call for assistance, or an accident, he produces a report. Although they are not admissible in a court of law (they are considered to be hearsay) they are valuable information for attorneys who are investigating and preparing their cases.

A police report is an objective account of what happened in the crash, based upon witness statements and the officer's observations regarding the damage to the vehicle as well as weather conditions, drivers, and so on. It is an important piece of evidence that can aid in winning a lawsuit in a car accident.

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

You'll need to file a lawsuit against the driver responsible when your medical bills as well as lost wages and property damage reach an amount. The police report can be an effective tool during settlement negotiations, particularly when you can prove that the other driver was largely at fault based on the police officer's observations. However, many cases reach settlements without ever going to trial. Pre-trial proceedings 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 as well as the investigation into the car accident They will then extend an offer of settlement. They will input all the facts and details into a computer program in order to create their initial offer. Most likely, they'll make a less than the amount you calculated from 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 have to pay for medical expenses and other damage. You are able to fight back if you explain how your injuries will impact your life in the coming years. For instance, you could highlight your growing medical bills, your diminished earning potential, and the emotional and physical suffering you're experiencing.

You or your attorney will prepare an official demand letter and then present it to an insurance company. The letter should include all of the evidence that you've gathered such as witnesses' statements and photographs of your injuries. You will also create an outline of the things you will not negotiate to prevent the insurance company from undervaluing your claim. Once an agreement has been reached and the written settlement contract will reflect it. Negotiations are usually back and forth, however remaining patient will assist you in negotiating a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. Parties may request medical records, police reports, and witness statements. They can also send another interrogatories (written questions to be answered under oath by expiration of a specific time). Your attorney will also record the severity of the physical, emotional, and psychological injuries you've sustained, in addition to any other damages that may be sought, such as future and current medical expenses or property damage, as well as lost wages.

Your lawyer will confer with other experts, like medical specialists, mechanics, and engineers. These experts will help paint a a vivid image of the accident and the extent of your injuries to the jury.

Finally, your attorney will begin discussions with insurance companies to attempt to settle your claim without trial. However, if the insurance company is willing to offer you a low settlement or fails to take your injuries and other damages into account your case is likely to progress to trial.

While only a few cases go to trial, it is essential for victims to make a claim as soon as they can. With time memories fade, witnesses die, and evidence disappears, making it more difficult to present a compelling case for the highest amount of compensation. You must also comply with the statute of limitations in your state which can range between 1 and 6 years.