Why We Our Love For Auto Accident Law (And You Should Also!)

Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages may be significant after an auto accident law firms accident. An experienced lawyer can help you get the compensation you need.

The procedure varies from case to case however, generally it starts with filing a complaint. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are an essential part of any auto accident lawsuit. They will help the jury or judge understand the impact of the accident on your life. This includes the emotional, financial physical, and emotional expenses. Medical records can also tell a story that insurance companies will have a tough time disputing.

According to the laws of your state and your doctor's policy In some states, you'll have only a short amount of time to request medical records from healthcare providers. This is the reason you should contact your lawyer whenever you can after an accident. The law provides access to these records through the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones who can view your medical records. Insurance companies are usually keen to uncover anything that could indicate that your injuries were not pre-existing or not as severe as you think.

Your lawyer will make use of your medical records to prepare a demand letter which will include evidence to support the damages you seek. Your lawyer must only provide the relevant medical records to your insurance company. They might ask you to authorize them to access your entire medical record. This is not beneficial to your claim as it may reveal past injuries not related to this claim.

Reports of Police

Every time a police officer responds to a call for help, such as an accident, he prepares a police report. Although they aren't admissible in a court of law (they are deemed to be hearsay) they are valuable information to attorneys in the process of researching and preparing cases.

A police report is an objective assessment of what happened in the crash, based on witness testimonies and the officer's observations regarding the damage to the vehicle as well as weather conditions, drivers and more. It's an important piece of evidence which can help you win an auto accident lawsuit.

Typically you can request a copy your police report from the precinct that was responsible for the investigation by calling their emergency number and supplying a receipt or incident number to identify it. You can also request copies of police reports on the police department's website.

After your medical expenses, property damage and lost wages are at the amount of a certain amount, then you'll have to file a lawsuit against the at-fault driver. The police report is a valuable tool in settlement negotiations, particularly in cases where you can prove other driver's responsibility through the observations of the officer. Many cases are settled without going to trial. Pre-trial proceedings can take a long time and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

When the adjuster has all of the information they require from you and your vehicle accident investigation, he will make a settlement offer. To create their initial offer, they will enter all the information and details into an application on computers. Most likely, they'll produce a significantly less than the amount you calculated based on your research. When insurance companies offer settlement offers, they've got their own financial interest in the back of their heads.

They'll want to limit the amount they'll need to pay for medical expenses and other damages. You can fight back if you point out the negative effects your injuries could have on you and affect your life in future. For instance, you could draw attention to your increasing medical bills, your decreased earning capacity and the emotional and physical pain that you're currently experiencing.

You or your lawyer will then draft a demand letter and submit it to the insurer. This should include all the evidence you've collected and include statements from witnesses, photographs of your injuries, and any documents that support your losses. You should also make an outline of the things you will not negotiate to prevent the insurance company from undervaluing your claim. If an agreement is reached it will be documented in the form of a written settlement agreement. Negotiations often involve back and forth, but being patient can aid in achieving a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which the parties exchange information and evidence. Parties can request medical records and police reports as well as witness statements. They can also send each other interrogatories (written questions that must be completed under oath at the end of the specified time). Additionally your lawyer will record the extent of your physical emotional and psychological traumas in addition to the other damages you could be seeking to recover in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will also confer with experts such as medical specialists as well as mechanics and engineers. These experts can help the jury get an accurate picture of your injuries and accident.

Then, your lawyer will begin negotiations with insurance companies in order to try to resolve your claim without trial. However, if the insurance company offers a low amount of money or fails to take your injuries and other damages into consideration, your case will likely progress to trial.

It is essential that victims file a lawsuit promptly, even though only a few cases are heard in the courtroom. With time, memories fade, witnesses die and evidence is lost, making it more difficult to make a strong claim to receive the maximum amount of compensation. You must also adhere to the statute of limitations for your state that can range between 1 and 6 years.