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Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages may be significant following an auto accident. An experienced lawyer can help you receive the compensation that you need.

The process may differ depending on the case, but generally, it starts with the filing of a complaint. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an essential element of any auto accident case. They can help jurors or judges understand how the injury has had an impact on your life, including the emotional, physical and financial cost of your injuries. Insurance companies will find it difficult to challenge the narrative told by medical records.

You might only have a limited amount of time, contingent on the laws of your state and the policy of your doctor, to request medical records. You should consult your lawyer as soon after an accident as is possible. Health Information Portability and Accountability Act (HIPAA) HIPAA guarantees your right to access these records. However, this does not mean that only you or your lawyer can access your medical records. Insurance companies are always looking for any sign that could suggest that your injuries aren't the severity you claim or have a pre-existing condition.

Your lawyer will make use of the medical records you provide to draft the letter of demand, which will include evidence supporting the damages you seek. It is essential that your lawyer only provides relevant medical records to the insurance company, as they may request you to sign an authorization that permits them to access all your medical records. This is not in your best interests because it could reveal prior injuries that aren't connected to the current claim.

Police Reports

Police reports are prepared each time a law enforcement officer responds to an emergency call for example, car accidents. Although they cannot be admitted in the courts of law (they are deemed to be hearsay) they can provide valuable information to attorneys in the process of investigating and preparing cases.

A police report is an objective account of what happened in the crash, based on witness statements and the officer's observations about the vehicles' damage the weather, the drivers and more. It is a significant document that can assist you in winning your lawsuit for car accidents against the defendant.





You can typically request a copy from the precinct that was responsible for the investigation. Call their emergency line and provide an original receipt or an incident number as proof of identification. The police department might have a website on which you can request copies online.

If your medical bills and property damage as well as lost wages exceed a certain amount, you'll need to start a lawsuit against the driver at fault. The police report can be an effective tool for settlement negotiations, particularly if you can prove the other driver's fault from the evidence provided by the officer. Many cases are settled without going to trial. It can take time to go through the pre-trial process and your case may not be resolved for a long time.

Insurance Company Negotiations

When the adjuster has all of the information they require from you and your vehicle accident investigation, they'll make an offer of settlement. To create their initial offer, they'll input all the information and details into the computer program. auto accident law firm reno , they'll come up with a much smaller number than what you estimated in your research. 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 how much they have to pay in medical bills and other damages. You can fight back if you highlight the way your injuries will affect your life in the near future. You could, for instance highlight your growing medical bills and the loss of earnings potential, as well as the physical and mental pain you're experiencing.

Your lawyer or you prepare a demand form and send it to the insurance company. The letter should contain all of the evidence that you've collected, including witnesses' statements and photographs of your injuries. Additionally, you should create a list of the non-negotiables that will keep the insurance company from undervaluing your claim. When an agreement has been reached and the written settlement contract will reflect it. It's common for a back-and-forth to take place during these negotiations, but being in the moment will help you get an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which the parties exchange information and evidence. Parties can require medical records or police reports, and witness statements. They may also send any additional interrogatories (written questions that must be answered under oath by end of a specified time). Your attorney will also document the extent of the physical psychological, emotional, and physical injuries you've suffered, as well as any other damages that may be sought, including current and projected medical expenses or property damage, as well as lost wages.

Your lawyer will confer with other experts, including medical specialists, mechanics, and engineers. These experts can help the jury to get an accurate picture of the injuries and accidents you sustained.

Your attorney will then begin discussions with insurance companies to resolve your case with no trial. However, if the insurance company provides you with a low amount of money or does not take your injuries and other damages into consideration, your case will likely proceed to trial.

It is crucial that victims file a lawsuit as soon as possible, even though only a few cases are heard in court. Memories fade, witnesses can disappear and evidence may be lost over time and it becomes difficult to establish a compelling case for maximum compensation. It is also important to adhere to the statute of limitations for your state, which can vary from 1 to 6 year.