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Phases of an Auto Accident Lawsuit

Damage to property, medical bills, and lost wages can be significant after an auto accident. A knowledgeable attorney can help you receive the compensation you need.

The procedure is different from case to case, however, generally it starts with filing a complaint. This is followed by the discovery phase along with any appeals.

Medical Records

Medical records are an essential element in any auto accident lawsuit. They can help the jury or judge comprehend the impact of the injury on your life. This includes the financial, emotional physical and emotional costs. Insurance companies will have a hard time to argue with the information provided by medical records.

Based on the laws of your state and your doctor's policy, you may have limited time to request medical documents from healthcare providers. Consult with your lawyer as soon after an accident as is possible. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these records. This doesn't mean you or your lawyer are the only ones to look over your medical records. Insurance companies will often try to uncover anything that could suggest that your injuries were pre-existing or not as severe as you claim.

Your lawyer will utilize the medical records you provide to draft the letter of demand that will include evidence supporting the damages you are seeking. Your lawyer should only supply the relevant medical documents to your insurance company. They may require you to give them permission to access your entire medical record. This is not in your best interests as it could reveal past injuries that are not related to the current claim.

Reports of the Police

Every time a police officer responds to a call for help, such as an accident, he creates a police report. Although they're not admissible in court (they are deemed to be hearsay), they do provide valuable information to attorneys when investigating an accident and preparing an argument.

A police report gives an objective account of the incident which is based on the witnesses' testimony and the officer's observations regarding the weather conditions, drivers, and other factors. It's an important piece of evidence that could assist you in winning your car accident lawsuit against the defendant.

You can usually request a copy of the records from the precinct responsible for the investigation. Call their emergency line and provide an invoice or an incident number to prove your identity. The police department might have a website on which you can request copies online.





After your medical bills as well as property damage and lost wages reach a certain amount, you'll need to start a lawsuit against the driver at fault. The police report can be a useful tool in settlement negotiations, especially in cases where you can show that the other driver was at fault based on the police officer's observations. Many cases are settled without having to go to trial. It can take a while to work through the pre-trial steps and your case might not be resolved for a long time.

Insurance Company Negotiations

Once the adjuster has all the information they need from you as well as your car accident investigation, he'll make an offer to settle. They will put all the information and facts into a computer program in order to make their initial offer. Most likely, they will come up with a much smaller amount than you anticipated based on your research. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They'll want to limit the amount they have to pay for your medical expenses and other damages. You can fight back when you mention the negative effects your injuries could have on you and impact your life in the future. For instance, you can draw attention to your increasing medical bills, your decreased earnings capacity and the emotional and physical suffering you're experiencing.

Your lawyer or you will then prepare a demand letter and then present it to the insurer. This will include all the evidence you have gathered, including witness statements, photos of your injuries, and any documents that support your losses. You should also create an outline of your non-negotiables so you can deter the insurance company from under-pricing you. Once an agreement has been reached and the written settlement contract will reflect it. It's normal for a back and forth to take place during these negotiations, but staying patient will help you reach a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which the parties exchange information and evidence. Parties may request medical records and police reports, as well as witness statements. auto accident lawsuit west virginia will also provide the other interrogatories (written questions that have to be answered under oath by the deadline). In addition the attorney will also document the extent of your physical, emotional and psychological injuries and any other damages you may be seeking to recover such as current and anticipated future medical costs, property damage, and lost wages.

Your lawyer will also confer with experts such as medical specialists mechanics, engineers and mechanics. These experts can help the jury to get a clear picture of the injuries and accidents you sustained.

Your lawyer will begin negotiations with insurance companies to try to settle your claim with out a trial. If the insurance company does not provide you with a fair settlement or doesn't take into consideration your injuries and other damages your case will likely go to trial.

While a small number of cases do go to trial, it is vital for the victims to file a lawsuit as soon as is possible. With time memories fade, witnesses pass away and evidence is lost, making it more difficult to make a strong claim for the highest amount of compensation. It is also important to adhere to the statute of limitations in your state which can vary between 1 and 6 years.