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Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in significant medical bills, property damage, and even lost wages. An experienced lawyer can assist you in getting the justice you deserve.

The procedure is different from case to case, however, it generally begins with filing a complaint. The discovery phase, trial, and appeals follow.

Medical Records

Medical records are an essential element in any auto accident lawsuit. They can help the judge or jury to determine how the accident has affected your life, including the physical, emotional and financial burdens of your injuries. Medical records will also provide an insurance company a story they will have a tough to argue.

You might only have a limited amount of time, based on the laws in your state and the policy of your doctor, to request medical records. You should speak with your lawyer as soon after an accident as is possible. The law safeguards your access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones who are able to examine your medical records. Insurance companies are often keen to look for anything that could indicate that your injuries were not pre-existing or not as severe as you claim.

Your lawyer will use the medical information you provide to prepare the letter of demand, which will include evidence supporting the damages you're seeking. Your lawyer must only provide 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 in the best interest of your claim since it could reveal past injuries not related to this claim.





Police Reports

Police reports are produced each time a law enforcement officer responds to an emergency call and also car accidents. Even though they're not admissible in court (they are deemed to be hearsay) however, they provide valuable information to attorneys conducting an investigation and preparing cases.

A police report offers an objective account of the incident which is based on the witnesses' testimony as well as the officer's observations of the weather conditions, the drivers, and a variety of other factors. It is a crucial piece of evidence that can assist you in winning a lawsuit for car accidents.

You can typically request a copy from the precinct that was responsible for the investigation. Call their emergency line and provide a receipt or an incident number as proof of identification. You can also request copies of records through the department's website.

You will need to file a lawsuit against the driver responsible after your medical expenses or lost wages damages to property reach an amount. The police report can prove to be a helpful tool during settlement negotiations, particularly in cases where you can show that the other driver was at fault, based on an officer's observations. A lot of cases are settled without going to trial. The pre-trial process can be long and your case may not be resolved until a year after you file it.

Insurance Company Negotiations

After the adjuster has all of the information they need from you and your automobile accident investigation, he will make an offer for settlement. They will then input all the facts and details into a program that will generate their initial offer. They'll likely come up with a number that's much lower than what you calculated based on your study. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They will wish to limit the amount they are required to pay for medical bills and other damages. You can fight back when you highlight how your injuries will affect your life in the near future. For instance, you could point to your mounting medical bills, the loss of earning capacity and the physical and emotional suffering you're experiencing.

Your attorney or you create the letter of demand and submit it to an insurance company. It will contain all the evidence you have collected, including witness statements, photos of your injuries as well as any documentation supporting your losses. You should also create the list of your non-negotiables to ensure you can keep the insurance company from negotiating with you. Once an agreement is reached the written settlement agreement will reflect it. It's normal for a back-andforth to occur during these negotiations, but remaining calm will allow you to reach a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which the parties exchange information and evidence. auto accident lawyer peoria can request medical records, police reports, and witness statements. The parties can also exchange interrogatories that are written questions that have to be answered under an oath within certain times. Your attorney will also document the extent of the physical psychological, emotional, and physical injuries you've sustained, as well as any other damages that might be sought, like the amount of medical expenses you are currently and in the future or property damage, as well as lost wages.

Your lawyer will talk to other experts like mechanics, medical professionals, and engineers. These experts will help paint an accurate image of the accident and your injuries for the jury.

Your lawyer will begin discussions with insurance companies to attempt to settle your claim with out a trial. If the insurance company fails to provide you with an acceptable settlement or does not take into account your injuries and other losses, your case will likely be heard in court.

While a small number of cases do go to trial it is vital for the victims to begin a lawsuit as soon as they can. The memories fade, witnesses disappear and evidence may be lost in time, making it harder to establish a compelling case for the maximum amount of compensation. You must also follow the statute of limitations for your state that can range from 1 to 6 years.