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Phases of an Auto Accident Lawsuit

Car accident injuries can lead to significant medical bills, property damage, and even lost wages. An experienced lawyer can assist you in obtaining the justice you deserve.

The procedure is different depending on the case, but generally, it begins with filing a 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 will assist jurors or judges know the effects of the injury on your life. This includes the emotional, financial, and physical costs. Insurance companies will be unable to refute the story portrayed by medical records.

You may only have a certain amount of time, contingent on the laws in your state and the guidelines of your physician, to request medical records. This is the reason you should consult with a lawyer as soon as possible following an accident. The law guarantees access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer will be able to access your medical records. Insurance companies constantly look for evidence that could suggest your injuries may not be as severe as you think or have a pre-existing condition.

Your lawyer will utilize your medical records to create a demand letter which will contain evidence to support the damages you're seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They might ask you to authorize them to access your complete medical record. This is not in your best interests since it could reveal previous injuries that aren't related to the present claim.

Reports of the Police

Every time a police officer responds to a call for assistance, or an accident, he creates a police report. Although they cannot be admitted in a court of law (they are deemed to be hearsay), they provide valuable information to attorneys in the process of investigating and preparing their cases.

A police report is an objective view of what transpired in the crash, based upon witness statements and observations about the vehicles' damage, weather conditions, drivers and more. It is an important piece of evidence which can aid in winning a lawsuit in a car accident.

Usually you can request a copy your police report from the police station that handled the investigation by calling their non-emergency number and providing an invoice or incident number to identify it. You can also request copies of police reports through the department's website.

When your medical bills as well as property damage and lost wages are at the amount of a certain amount, then you'll have to start a lawsuit against the driver who is at fault. The police report can be an important tool in settlement negotiations, particularly if you can prove the other driver's fault from the evidence provided by the officer. A lot of cases are settled without having to go to trial. It can take a while to go through the pre-trial steps and your case might not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the information they require from you as well as the investigation of the car accident, they will extend an offer of settlement. They will put all the information and facts into a computer program to make their initial offer. They will most likely arrive at a figure which is lower than what you calculated from your study. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll be looking to reduce the amount they pay in medical bills and other damages. You can fight back by highlighting the ways in which your injuries will affect your life in the future. For example, you can point to your mounting medical bills, your diminished earning potential, and the physical and emotional suffering you're experiencing.

Your lawyer or you will then draft a demand letter and send it to the insurer. It should include all the evidence you have collected including witness statements, photographs of your injuries, as well as documents that support your losses. You'll also make the list of the items you cannot negotiate, so you can prevent the insurance company from negotiating with you. Once an agreement is reached the settlement agreement written will reflect it. It's common for a back-and-forth to occur during these negotiations, but staying patient will help you reach a fair settlement.

auto accident attorney costa mesa in the car accident lawsuit is discovery, in which both sides exchange information and evidence. Parties may require medical records or police reports, and witness statements. They may also send any additional interrogatories (written questions that must be completed under oath at the end of the specified time). Your attorney will also write down the extent of physical emotional, psychological, and physical traumas you've suffered and any other damages that could be sought, including future and current medical expenses as well as property damage and lost wages.

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

Your attorney will then begin negotiations with insurance companies in order to settle your case without a trial. If the insurance company doesn't offer a fair settlement, or does not take into account your injuries and other damages your case will likely go to trial.

It is essential that victims file a lawsuit as soon as possible, even though only a few cases will ever make it to court. Memories fade, witnesses disappear and evidence may be lost over time making it more difficult to present a convincing case for maximum compensation. You must also follow the statute of limitations in your state that can range between 1 and 6 years.