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Phases of an Auto Accident Lawsuit


Car crash injuries could result in significant medical bills as well as property damage and loss of wages. An experienced lawyer can help to get the compensation you require.

The procedure varies from case-to-case, but generally, it begins with filing an action. This is followed by the discovery phase trial, and any appeals.

Medical Records

Medical records are an important element of any auto accident lawsuit. They will help jurors or judges know the effects of the accident on your life. This includes the financial, emotional, and physical costs. Insurance companies will be unable to argue with the information provided by medical records.

In accordance with the laws of your state and your doctor’s guidelines You may be granted only a short amount of time to request medical records from your healthcare provider. Consult with your lawyer as soon following an accident as it is possible. Health Information Portability and Accountability Act (HIPAA) HIPAA ensures that you have the right to access these documents. However, this does not mean that you or your lawyer are the only ones who can view your medical records. auto accident lawsuit delaware will often try to find anything that might suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will utilize the medical records you provide to create an order letter that will include evidence in support of the damages you seek. Your lawyer should only supply the relevant medical documents to your insurance company. They may request you to allow them to access your entire medical record. This is not in the best interest of your claim because it could reveal past injuries not related to the claim.

Reports of the Police

When a police officer responds to a request for help, including an accident, he makes a police report. While they cannot be used in the courts of law (they are considered to be hearsay), they provide valuable information for attorneys who are conducting investigations and preparing cases.

A police report provides an objective report of what transpired in the crash, based on witness testimonies and the officer’s observations regarding the damage to the vehicles and weather conditions, drivers, and so on. It is an important piece of evidence that could help you win a lawsuit in a car accident.

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

When your medical bills or property damage, as well as lost wages are at the amount of a certain amount, then you’ll have to make a claim against the driver who is at fault. The police report is a valuable tool in settlement negotiations, especially if you can prove the other driver’s responsibility through the observations of the officer. Many cases are settled without going to trial. The pre-trial process can be long and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

Once an adjuster has all the data they require from you, and the investigation of the car accident is complete, they will offer an offer for settlement. To make their first offer, they’ll enter all the details and facts into a computer program. Most likely, they’ll arrive at a smaller amount than you anticipated using your investigation. When insurance companies make settlement offers, they’ve got their own financial interests in their minds.

They’ll be looking to reduce the amount they pay in medical bills and other damages. You can fight back when you highlight how your injuries will affect your life in the near future. For example, you can draw attention to your increasing medical bills, your diminished earnings capacity and the emotional and physical pain you’re experiencing.

Your lawyer or you will prepare a demand form and present it to the insurance company. The letter should contain all the evidence you’ve gathered, including witness statements and photos of your injuries. Also, you’ll make an outline of your non-negotiables so you can deter the insurance company from negotiating with you. When an agreement has been reached and the written settlement contract will reflect it. It’s normal for a back-andforth to take place during these negotiations, but staying calm will allow you to reach an acceptable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, in which both parties exchange information and evidence. Parties can request medical records and police reports as well as witness statements. They can also send any additional interrogatories (written questions to be completed under oath at the end of the specified time). Your attorney will also record the extent of the physical, emotional, and psychological injuries you have suffered, and any other damages that may be sought, including the amount of medical expenses you are currently and in the future or property damage, as well as lost wages.

Your lawyer will also speak with experts such as medical specialists mechanics, engineers and mechanics. These experts will aid in painting a the vivid image of the accident and the extent of your injuries to the jury.

Your lawyer will begin negotiations with insurance companies to attempt to settle your claim with out a trial. However, if the insurance company offers you a small settlement or does not take your injuries and other damages into account the case will proceed to trial.

It is essential that victims file a lawsuit immediately, even though only a few cases get to court. Memories fade, witnesses can die and evidence can disappear as time passes making it more difficult to make a strong case for the maximum amount of compensation. You must also comply with the statute of limitations for your state, which can vary from 1 to 6 year.