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Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages may be significant after a car accident. An experienced lawyer can help you get the compensation you need.

The procedure can differ from case to case but usually starts with the filing of the complaint. Then comes the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an essential part of any auto accident case. They will assist the judge or jury know how the injury affected your life, including the physical, emotional and financial cost of your injuries. Medical records will also provide the story that insurance companies will have a difficult time disputing.

You might only have a limited amount of time, contingent on the laws in your state and the policies of your doctor to request medical records. This is the reason why you should consult with a lawyer as soon as you can after an accident. Health Information Portability and Accountability Act or HIPAA, protects your right to access these documents. This doesn’t mean you or your lawyer are the only ones who can examine your medical records. Insurance companies are always looking for anything that might suggest that your injuries aren’t the severity you claim or pre-existing.

Your lawyer will use the medical records you provide to create the letter of demand that includes evidence to justify the damages you are seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They may ask you to grant them permission to access your complete medical record. This is not in the best interest of your claim as it may reveal past injuries not related to the claim.

Police Reports

Each time a police officer responds to a call for help, such as an accident, he produces a report. While they’re not admissible in court (they are considered to be hearsay) they can provide invaluable information to attorneys investigating an incident and preparing cases.

A police report provides an objective view of what transpired in the crash, based on witness statements and observations regarding the damage to the vehicle and weather conditions, drivers, and so on. It’s a vital piece of evidence which can aid in winning a lawsuit for car accidents.

auto accident law firm alabama can typically request a copy from the precinct who handled the investigation. Call their emergency line and provide an original receipt or an incident number to prove your identity. You can request copies of the report through the department’s website.

You’ll have to file a lawsuit against the driver at fault after your medical expenses, lost wages, and property damage have reached the amount of. The police report can be an effective tool during settlement negotiations, especially when you can prove that the other driver was at fault based on the officer’s observations. However, many cases reach an agreement without ever going to trial. The pre-trial process can be long and your case may not be resolved until a year after filing it.

Insurance Company Negotiations

After the adjuster has all the information he needs from you and your car accident investigation, he’ll make an offer for settlement. They will put all the facts and details into a program that will create their initial offer. Most likely, they will come up with a much smaller number than what you estimated using your study. When insurance companies make settlement offers, they’ve got their own financial interests in their minds.

They’ll want to limit the amount they’ll have to pay for your medical expenses and other damages. You can fight back by pointing out the many ways that your injuries will affect your life in the coming years. For instance, you could, point out your mounting medical bills and lost earnings potential, as well as the physical and mental suffering you are experiencing.

Your attorney or you then draft an order letter and submit it to an insurance company. The letter should include all the evidence you’ve collected, including witnesses’ statements and photographs of your injuries. Also, you’ll make an inventory of the items you cannot negotiate, so you can keep the insurance company from undercutting you. Once you have reached an agreement and ratified, it will be included in an agreement for settlement in writing. It’s normal for a back-andforth to take place during these negotiations, but remaining patient will help you achieve an equitable settlement.


Legal Advice

The next phase in the car accident lawsuit is discovery, where both sides exchange information as well as evidence. Parties may request medical records, police reports, and witness statements. They may also send another interrogatories (written questions that must be completed under oath at the deadline). In addition, your attorney will document the extent of your physical emotional and psychological traumas and any other damages you might seek compensation for that are incurred, such as future medical costs, property damage, and lost wages.

Your lawyer will also talk with experts like medical specialists as well as mechanics and engineers. They will help paint a a vivid image of the accident and the injuries you sustained for the jury.

Your lawyer will begin negotiations with insurance companies in order to attempt to settle your claim with out a trial. However, if the insurance company offers a low settlement or fails to take your injuries and other damages into consideration, your case will likely go to trial.

It is crucial that victims file a lawsuit promptly, even if only a handful of cases make it to court. Over time, memories fade, witnesses pass away and evidence is lost which makes it more difficult to file a convincing claim to receive the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which could range from 1 to 6 years.