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Phases of an Auto Accident Lawsuit

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

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

Medical Records

Medical records are a vital element of any auto accident case. They will aid the judge or jury comprehend how the accident affected your life, as well as the physical, emotional and financial burdens of your injuries. Insurance companies will be unable to argue with the information provided by medical records.

According to the laws of your state and your doctor's guidelines You may be granted a limited amount of time to request medical records from your healthcare provider. This is why you should discuss your legal needs as soon as possible following an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA, protects your right to access these medical records. But, this doesn't mean that only you or your attorney can view your medical records. Insurance companies are always looking for any sign that suggests your injuries may not be as severe as you think or pre-existing.

Your lawyer will use the medical information you provide to create a letter of demand that will include evidence supporting the damages you seek. It is imperative that your lawyer only provide 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 the best option for your claim because it could reveal previous injuries that are not connected to the claim.

Police Reports

Police reports are produced each time a police officer responds to an emergency for example, car accidents. Although they aren't admissible in a court of law (they are deemed to be hearsay), they provide valuable information for attorneys when investigating and preparing their cases.

A police report is an objective report of what transpired in the crash, based on witness statements and observations regarding the damage to the vehicle as well as weather conditions, drivers, and so on. It's an important piece of evidence which can aid you in winning a car accident lawsuit.

Usually, you can request a copy your police report from the local police department that was responsible for the investigation by calling their non-emergency line and providing the receipt or incident number to identify the report. The police department might have a website on which you can request copies of your records online.

You'll have to file a lawsuit against the person who caused the accident after your medical expenses along with lost wages and property damage exceed the amount of. The police report can be a useful tool during settlement negotiations, especially when you can prove that the other driver was largely at fault based on the police officer's observations. However, many cases reach an agreement without ever going to trial. It could take a long time to go through the pre-trial process and your case might not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the details they require from you and the car accident investigation and investigation, they will make an offer of settlement. They will enter all the information and facts into a program that will create their initial offer. Most likely, they'll come up with a much smaller number than what you estimated based on your research. When auto accident lawsuit wichita falls offer settlement offers, they have their own financial interest in mind.





They will wish to limit the amount they pay in medical bills and other damages. You can fight back if highlight how your injuries will negatively affect your life in the near future. For instance, you can, point out your mounting medical bills and lost earning potential, as in the mental and physical suffering you're feeling.

Your attorney or you then draft the letter of demand and present it to an insurance company. This letter will include all of the evidence that you have gathered including witnesses' statements and photographs of your injuries. Also, you'll make the list of the items you cannot negotiate, so you can keep the insurance company from under-pricing you. Once an agreement has been reached the settlement agreement written will reflect it. Negotiations can be a back and forth, however perseverance will ensure an equitable settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery, where the parties exchange information and evidence. Parties can request medical records and police reports, and witness statements. The parties may also exchange interrogatories that are written questions that must be answered on an oath within certain times. Additionally your attorney will provide documentation of the extent of your physical emotional and mental injuries in addition to the other damages you may be seeking to recover such as current and anticipated future medical costs, property damage, and lost wages.

Your lawyer will talk to other experts like mechanics, medical professionals and engineers. These experts can assist the jury get a clear picture of your accident and injuries.

Your lawyer will then begin discussions with the insurance companies in order to resolve your case without trial. If the insurance company is unable to provide you with a fair settlement or does not take into account your injuries or other damages, your case is likely to go to trial.

It is important that victims file a lawsuit as soon as possible, even though only a few cases make it to the courtroom. Memories fade, witnesses can disappear, and evidence could be lost over time and it becomes difficult to build a strong case for maximum compensation. Additionally, you must comply with the statute of limitations in your state, which can be anywhere from one to six years.