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Phases of an auto Accident law firm (shikhadabas.com) Accident Lawsuit

Property damage, medical bills and lost wages can be significant following an accident. An experienced lawyer can help you in obtaining the financial amount you are due.

The process can vary from case to case, but typically, it begins with the filing of an action. This is followed by the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential element in any auto accident case. They can assist jurors or judges to know the effects of the injury on your life. This includes the emotional, financial physical, and emotional costs. Medical records will also provide a story that insurance companies will have a tough to dispute.

You might only have a limited period of time, based on the laws of your state and the policies of your doctor to obtain medical records. Consult with your lawyer as soon following an accident as it is possible. The law safeguards your access to these documents through the Health Information Portability and Accountability Act (HIPAA). This doesn't mean you or your lawyer are the only ones who can access your medical records. Insurance companies are usually keen to uncover anything that could suggest your injuries were pre-existing or not as severe as you think.

Your lawyer will use the medical records that you supply to write the letter of demand that will include evidence in support of the damages you want. It is essential that your lawyer only provides relevant medical documents to the insurance company because they could ask you to sign a medical authorization that allows them to access all your medical records. This is not in your best interest since it could reveal previous injuries that are not related to the current claim.

Police Reports

Every time a police officer responds to a request for assistance, or an accident, he creates a police report. Although they aren't admissible in a court of law (they are considered to be hearsay) they can provide valuable information for attorneys who are researching and preparing cases.

A police report provides an objective assessment of what happened during the crash, based upon witness statements and the officer's observations about the vehicles' damage, weather conditions, drivers, and so on. It is an important evidence piece that can aid you in winning your lawsuit for car accidents against the defendant.

Usually you can request a copy of your police report from the police station that handled the investigation by calling their non-emergency line and providing an invoice or incident number to identify it. The police department might have a website where you can request copies online.

When your medical bills and property damage as well as lost wages reach an amount you can afford, you'll need to file a lawsuit against the driver who is at fault. The police report is an important tool in settlement negotiations, especially when you can establish the other driver's responsibility through the observations of the officer. A lot of cases are settled without having to go to trial. It could take a long time to go through the steps before trial and your case might not be resolved for a year or more.

Insurance Company Negotiations

Once the adjuster has all the information they require from you as well as your car accident investigation, he'll make an offer to settle. To make their first offer, they'll input all the information and details into an online program. Most likely, they'll come up with a much smaller number than what you estimated in your research. When insurance companies offer settlement offers, they've got their own financial interests in their minds.

They'll want to reduce the amount they have to pay for medical expenses and other damages. You can fight back if you mention the way your injuries will impact your life in the future. For instance, you could highlight your growing medical bills, your diminished earning potential, as well as the mental and physical pain you're experiencing.

Your lawyer or you will then draft a demand letter and submit it to the insurance company. This should include all the evidence you have collected, including statements from witnesses, photographs of your injuries as well as any documents that support your losses. You should also make a list of non-negotiables to prevent the insurance company from undervaluing your claim. Once an agreement has been reached the written settlement agreement will reflect it. Negotiations are often a back and forth affair, but perseverance will assist you in negotiating a fair settlement.

Legal Advice

The next step in a car accident lawsuit is discovery, in which both parties exchange information and evidence. The parties can seek medical documents, police reports or witness statements. They will also send the other interrogatories (written questions to be completed under oath at the deadline). In addition your attorney will provide documentation of the extent of your physical emotional and mental injuries in addition to the other damages that you could seek compensation for such as current and anticipated future medical expenses, property damage and lost wages.

Your lawyer will also speak with experts such as medical specialists as well as mechanics and engineers. These experts will help paint an appealing picture of your crash and the extent of your injuries to the jury.

Finally, your attorney will begin discussions with insurance companies to try to settle your claim with out a trial. However, if the insurance company offers a small settlement or fails to take your injuries and other damages into account your case is likely to go to trial.

While only a few cases go to trial it is important for victims to file a lawsuit as soon as is possible. Over time memories fade, witnesses die, and evidence disappears, making it more difficult to make a strong claim to receive the maximum amount of compensation. You must also follow your state's statute of limitations which can vary from 1 to 6 year.