What's Holding Back The Auto Accident Law Industry?

Phases of an auto accident lawsuits Accident Lawsuit

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

The procedure can differ from case to case but typically, it starts with the filing of an action. Then comes the discovery phase along with any appeals.

Medical Records

Medical records are an important element of any auto accident law firm accident lawsuit. They can help jurors or judges determine the impact of the accident on your life. This includes the emotional, financial physical and emotional costs. Medical records can also tell an account that insurance companies will have a hard to dispute.

You may only have a certain period of time, based on the laws in your state and the policy of your doctor, to obtain medical records. This is why you should contact your lawyer whenever you can following an accident. Health Information Portability and Accountability Act or HIPAA, protects your 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 are often keen to find anything that might suggest that your injuries are pre-existing or not so severe as you say.

Your lawyer will use the medical records you provide to draft a letter of demand that will include evidence supporting the damages you are seeking. Your lawyer should only provide the relevant medical records to your insurance company. They may ask you to authorize them to access your entire medical record. This is not in your best interest as it could reveal past injuries that are not related to the present claim.

Reports of the Police

When a police officer responds to a call for help, such as an accident, he or she creates a police report. While they're not admissible in court (they are considered to be hearsay), they do provide valuable information to attorneys when investigating an accident and preparing a case.

A police report is an objective account of the accident that is based on the witness' testimony as well as the officer's observations regarding the weather conditions, the drivers, and other elements. It's an important piece of evidence that could help you win a car accident lawsuit.

You can usually request a copy from the precinct who handled the investigation. Call their non-emergency line and provide an invoice or an incident number as identification. You can also request copies of records through the police department's website.

You'll need to file a lawsuit against the driver at fault when your medical bills along with lost wages and damages to property reach an amount. The police report can be an effective tool during settlement negotiations, particularly if you can prove that the other driver was at fault, based on an officer's observations. Many cases end up reaching a settlement without ever going to trial. It can take time to work through the steps before trial and your case may not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all of the information they require from you and the investigation into the car accident and investigation, they will make an offer of settlement. To make their first offer, they'll enter all the information and details into the computer program. Most likely, they'll come up with a much smaller amount than you anticipated from your research. When insurance companies make settlement offers, they have their own financial interest in their minds.

They'll want to limit the amount they have to pay for medical expenses and other damage. You can counter by highlighting all the ways your injuries will negatively impact your life in the coming years. For instance, you could you can highlight the mounting medical bills and your lost earning potential, as well as the mental and physical suffering you are experiencing.

Your lawyer or you will create a demand letter and present it to the insurance company. The letter should include all the evidence you've collected, including witnesses' statements and photographs of your injuries. You should also make an outline of the things you will not negotiate to prevent the insurance company from undervaluing your claim. Once you have reached an agreement and ratified, it will be included in the form of a written settlement agreement. Negotiations can be a back and forth, however staying patient will assist you in negotiating an equitable settlement.

Legal Advice

The next phase in the car accident lawsuit is discovery, during which both sides exchange information and evidence. Parties can request medical documents, police reports or witness statements. The parties may also exchange interrogatories which are written questions which must be answered under the oath within a specified time. Your attorney will also record the severity of the physical psychological, emotional, and physical injuries you've suffered, and any other damages which could be sought out, such as future and current medical expenses as well as property damage and lost wages.

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

Your lawyer will then begin negotiations with insurance companies to settle your case without a trial. If the insurance company doesn't offer you an acceptable settlement or doesn't take into consideration your injuries and other damages, your case is likely to go to trial.

While a small number of cases do go to trial it is essential for victims to file a lawsuit as soon as they can. Over time memories fade, witnesses pass away, and evidence disappears, making it more difficult to present a compelling case for the most compensation. Additionally, you must comply with the statute of limitations in your state, which can range from 1 to 6 years.