What's Holding Back This Auto Accident Law Industry?

Phases of an Auto Accident Lawsuit

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

The process can vary from case to case, but usually starts with the filing of a complaint. Then follows the discovery phase, trial and any appeals.

Medical Records

Medical records are an essential component of any auto accident lawsuit. They can help a judge or jury understand the impact of the accident on your life. This includes the financial, emotional physical and emotional costs. Insurance companies will have a hard time to challenge the narrative told by medical records.

You may only have a certain amount of time, contingent on the laws in your state and the policy of your doctor to obtain medical records. This is why you should consult with a lawyer immediately after an accident. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these records. However, this doesn't mean that only you or your lawyer are able to access your medical records. Insurance companies are always looking for anything that could indicate that your injuries aren't as severe as you claim or have a pre-existing condition.

Your lawyer will use your medical records to create a demand letter that will include evidence to justify the damages you are seeking. Your lawyer must only provide the relevant medical records to your insurance company. They might ask you to grant them permission to access your entire medical record. This is not in your best interest because it could reveal prior injuries that aren't related to the present claim.

Reports of Police

Police reports are created each time a law enforcement officer responds to an emergency and also car accidents. While they cannot be used in the courts of law (they are deemed to be hearsay) they can provide valuable information for attorneys who are researching and preparing cases.

A police report provides an objective account of the accident which is based on the witnesses' testimony and the officer's observations regarding the weather conditions, drivers, and a variety of other factors. It is an important piece of evidence which can help you win an auto accident law firm accident lawsuit.

You can usually request a copy of the records from the police precinct that handled the investigation. Call their emergency line and provide the receipt or auto accident lawsuit incident number to prove your identity. The police department may also have a website on which you can request copies online.

You'll need to file a lawsuit against the driver who was at fault when your medical bills as well as lost wages and property damage have reached an amount. The police report can be an effective tool during settlement negotiations, especially in cases where you can show that the other driver was at fault based on the police officer's observations. A lot of cases are settled without going to trial. The pre-trial process can be long and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

Once the adjuster has all of the details they require from you as well as your car accident investigation, they'll make a settlement offer. They will enter all the information and facts into a software program to generate their initial offer. Most likely, they'll arrive at a smaller amount than you anticipated from your research. When insurance companies make settlement offers, they've got their own financial interest in mind.

They'll be looking to reduce the amount they will have to pay for medical bills and other damages. You can fight back if explain the negative effects your injuries could have on you and impact your life in the coming years. For instance, you could highlight your growing medical bills, your lost earning potential, and the emotional and physical suffering you're going through.

Your attorney or you prepare an order letter and present it to an insurer. It should include all the evidence you have collected such as witness statements, photographs of your injuries as well as any documentation supporting your losses. Also, you will create an outline of the things you will not negotiate to ensure that the insurance company is not undervaluing your claim. If an agreement is reached, it will be reflected in an agreement to settle in writing. It's common for a back-and-forth to occur during these negotiations, but remaining calm will allow you to reach a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which the parties exchange information and evidence. Parties can require medical records or police reports as well as witness statements. The parties will also exchange interrogatories which are written inquiries that must be answered on an oath within certain times. Your attorney will also record the severity of the physical, emotional, and psychological injuries you have suffered, as well as any other damages that may be sought out, such as current and projected medical expenses along with property damage, lost wages.

Your lawyer will consult with other experts, including mechanics, medical experts, and engineers. These experts can help the jury to get clear information about 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 offers you a low settlement or does not take your injuries and other damages into account your case is likely to be heard at trial.

While only a few cases go to trial it is essential for victims to make a claim as soon as possible. The memories fade, witnesses disappear and evidence may be lost over time and it becomes difficult to present a convincing case for maximum compensation. Additionally, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.