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Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages may be significant after an auto accident. A knowledgeable attorney can assist you in receiving the amount of compensation you deserve.

The process may differ from case-to-case, but generally it begins with the filing of the complaint. This is followed by the discovery phase, trial and any appeals.

Medical Records

Medical records are an important part of any auto accident lawsuit. They can help the judge or jury comprehend how the accident had an impact on your life, including the physical, emotional and financial burdens of your injuries. Medical records will also provide an account that insurance companies will have a difficult to argue.

According to the laws of your state and the policy of your doctor, you may have the time to request medical records from your healthcare provider. This is the reason you should discuss your legal needs whenever you can after an accident. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these documents. This doesn't mean you or your lawyer are the only ones who are able to view your medical records. auto accident attorneys federal way are usually keen to uncover anything that could suggest that your injuries are pre-existing or not as severe as you think.

Your lawyer will make use of the medical records you provide to draft an order letter that will include evidence in support of the damages you're seeking. Your lawyer should only give the relevant medical records to your insurance company. They may ask you to grant them permission to access your entire medical record. This is not beneficial to your claim since it could expose past injuries that are not relevant to this claim.

Police Reports

Police reports are generated every time a law enforcement officer responds to an emergency call or accident, such as car accidents. While they're not admissible in court (they are considered hearsay) they can provide invaluable information to attorneys investigating an accident and preparing an argument.

A police report gives an objective account of the incident from the witness' testimony and the officer's observations regarding the weather conditions, the drivers, and other aspects. It is a significant evidence piece that can aid you in winning your lawsuit for car accidents against the defendant.

You can typically request a copy of the records from the police precinct that handled the investigation. Call their non-emergency line and provide an original receipt or an incident number as identification. The police department may have a website on which you can request copies of the records online.

After your medical expenses or property damage, as well as lost wages exceed the amount of a certain amount, then you'll have to start a lawsuit against the at-fault driver. The police report is an essential tool in settlement negotiations, especially in cases where you can prove other driver's fault based on observations made by the officer. However, many cases reach settlements without ever 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

When the adjuster has all the information they require from you as well as your car accident investigation, he'll make an offer for settlement. They will put all the information and facts into a computer program to make their initial offer. Most likely, they'll produce a significantly lower number than you calculated based on your investigation. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll want to limit the amount they'll need to pay for your medical expenses and other damage. You can fight back if you highlight how your injuries will impact your life in the coming years. For example, you can draw attention to your increasing medical bills, your diminished earning potential, and the physical and emotional suffering you're suffering.

Your attorney or you will prepare an official demand letter and then present it to an insurance company. This letter should include all of the evidence that you've gathered such as witness statements and photos of your injuries. You should also create the list of your non-negotiables, so you can deter the insurance company from under-pricing you. If an agreement is reached and ratified, it will be included in an agreement to settle in writing. Negotiations are usually back and forth, but perseverance will 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, police reports and witness statements. They will also send another interrogatories (written questions that have to be answered under oath by expiration of a specific time). Additionally your lawyer will record the extent of your physical, emotional and psychological injuries as well as the other damages you could be seeking to recover that are incurred, such as future medical expenses, property damage and lost wages.

Your lawyer will also confer with experts such as medical specialists as well as mechanics and engineers. These experts will help paint a the vivid image of the accident and your injuries for the jury.

Finally, your attorney will begin discussions with insurance companies to attempt to settle your claim without trial. If the insurance company doesn't offer an equitable settlement or does not take into account your injuries and other damages, your case is likely to be heard in court.

Although few cases actually go to trial it is crucial for victims to start a lawsuit as quickly as is possible. Memories fade, witnesses can pass away, and evidence can be lost over time and it becomes difficult to present a convincing case for maximum compensation. You must also comply with the statute of limitations for your state which can vary from 1 to 6 years.