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Phases of an auto accident law firm Accident Lawsuit

Property damage, medical bills and lost wages may be significant after a car accident. An experienced attorney can help you get the compensation you need.

The process can vary from case to case but typically, it starts with the filing of an accusation. Then comes the discovery phase, trial and any appeals.

Medical Records

Medical records are an important element of any auto accident lawsuit. They can help jurors or judges to understand the impact of the accident on your life. This includes the financial, emotional physical, and emotional expenses. Insurance companies will have a hard time to dispute the story told by medical records.

You may only have a certain period of time, based on the laws of your state and the policy of your doctor to obtain medical records. You should consult your lawyer as soon after an accident as it is possible. Health Information Portability and Accountability Act or HIPAA ensures that you have the right to access these records. But, this doesn't mean that only you or your lawyer are able to view your medical records. Insurance companies will often try to look for anything that could suggest your injuries were pre-existing or not as severe as you claim.

Your lawyer will make use of the medical records you provide to create the letter of demand that will include evidence supporting the damages you're seeking. Your lawyer must only provide the relevant medical records to your insurance company. They may request you to allow them to access your complete medical record. This is not the best option for your claim since 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 help, such as an accident, he or she creates a police report. Even though they aren't admissible in court (they are considered hearsay) they can provide invaluable information to attorneys investigating an accident and creating a case.

A police report gives an independent account of the crash which is based on the witnesses testimony of the officer and his observations regarding the weather conditions, the drivers, and other factors. It is an important piece of evidence that can assist you in winning an auto accident attorneys accident lawsuit.

You can usually request a copy from the precinct that was responsible for the investigation. Contact their non-emergency number and provide the receipt or incident number for identification. You can request copies of your police report on the police department's website.

You'll need to file a suit against the driver who was at fault once your medical bills as well as lost wages and property damage have reached a certain value. The police report can be an important tool in settlement negotiations, particularly when you can establish the other driver's fault in the light of observations made by the officer. However, many cases reach an agreement without ever going to trial. Pre-trial proceedings can take a long time and your case may not be resolved until one year after filing it.

Insurance Company Negotiations

Once the adjuster has all of the details they require from you and your car accident investigation, he'll make a settlement offer. They will put all the facts and details into a computer program to generate their initial offer. Most likely, they will come up with a much smaller number than what you estimated based on your research. When insurance companies offer settlement offers, they have their own financial interests in mind.

They'll want to limit the amount they'll need to pay for medical expenses and other damages. You can fight back when you mention the negative effects your injuries could have on you and affect your life in the near future. For instance, you can point to your mounting medical bills, the loss of earning capacity, and the physical and emotional suffering you're experiencing.

Your lawyer or you then prepare a demand letter and submit it to the insurance company. The letter should contain all the evidence you've gathered, including witness statements and photos of your injuries. Also, you'll make the list of your non-negotiables so you can deter the insurance company from undercutting you. If an agreement is reached the agreement will be recorded in an agreement for settlement in writing. It's not uncommon for back-and-forth to take place during these negotiations, but staying in the moment will help you get an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which the parties exchange information and evidence. Parties can require medical records or police reports, as well as witness statements. They will also provide each other interrogatories (written questions to be answered under oath before the end of the specified time). Your lawyer will also record the extent of physical emotional, auto accident lawsuit psychological, and physical injuries you've suffered, as well as any other damages that may be sought, such as future and current medical expenses along with property damage, lost wages.

Your lawyer will consult with other experts, like medical specialists, mechanics, and engineers. These experts can help the jury get a clear picture of your injuries and the accident.

Finally, your attorney will begin discussions with insurance companies to try to settle your claim without trial. If the insurance company doesn't provide you with a fair settlement, or does not take into account your injuries and other damages, your case will likely go to trial.

It is crucial that victims file a suit as soon as they can, even if only a handful of cases will ever make it to court. Over time memories fade, witnesses pass away, and evidence disappears, making it more difficult to establish a solid claim for maximum compensation. In addition, you must abide with the statute of limitations in your state, which can be anywhere from one to six years.