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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. A knowledgeable attorney can assist you in obtaining the financial justice you deserve.

The procedure is different from case to case, however, it generally begins with filing an action. Then follows the discovery phase along with any appeals.

Medical Records

Medical records are an essential element in any auto accident lawsuit. They can help a judge or jury know the effects of the accident on your life. auto accident law firm moreno valley includes the emotional, financial physical, and emotional costs. Medical records will also tell a story that insurance companies will have a hard to dispute.

You may only have a specific amount of time, depending on the laws in your state and the policies of your doctor to obtain medical records. This is the reason you should speak with your lawyer as soon as you can following an accident. The law safeguards your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your attorney can examine your medical records. Insurance companies will often try to look for anything that could indicate that your injuries were not pre-existing or not so severe as you say.

Your lawyer will use your medical records to draft a demand letter, which will include evidence to support the damages you’re seeking. It is essential to ensure that your lawyer provides relevant medical records to the insurance company as they may request you to sign a medical authorization that permits them to access all of your medical records. This is not beneficial to your claim, as it could reveal previous injuries that are not connected to this claim.


Police Reports

Police reports are prepared each time a police officer responds to an emergency, including car accidents. Even though they’re not admissible in court (they are considered hearsay), they do provide valuable information to attorneys when investigating an incident and preparing a case.

A police report provides an objective account of what transpired in the accident, based on witness statements and observations about the vehicle’s damage, weather conditions, drivers and more. It’s an important piece of evidence that can assist you in winning a car accident lawsuit.

Usually you can request a copy of your police report from the police station that was responsible for the investigation by calling their emergency number and providing an incident or receipt to identify the report. The police department might have a website on which you can request copies of your records online.

You’ll have to file a lawsuit against the driver responsible when your medical bills or lost wages property damage exceed a certain value. The police report can be an important tool in settlement negotiations, particularly in cases where you can prove other driver’s negligence based on observations made by the officer. But, many cases settle an agreement without ever going to trial. It could take a long time to work through the pre-trial procedures and your case may not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the information they require from you and the investigation into the car accident They will then extend an offer of settlement. To generate their first offer, they will enter all the details and facts into an online program. They will most likely produce a number that’s much lower than what you calculated from your investigation. When insurance companies make settlement offers, they’ve got their own financial interest in the back of their heads.

They’ll want to reduce the amount they have to pay for medical bills and other damage. You can fight back if point out the way your injuries will impact your life in the coming years. For instance, you could draw attention to your increasing medical bills, your lost earning capacity, and the emotional and physical suffering you’re suffering.

Your lawyer or attorney will then draft a demand letter and present it to the insurance company. This letter will include all the evidence you’ve gathered, including witness statements and photos of your injuries. Additionally, you should create an inventory of non-negotiables in order to ensure that the insurance company is not undervaluing your claim. When an agreement is reached and ratified, it will be included in the form of a written settlement agreement. Negotiations often involve back and forth, but being patient can assist you in negotiating an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. The parties may request medical records, police reports and witness statements. They may also send another interrogatories (written questions that must be answered under oath by end of a specified time). Your attorney will also document the severity of physical, emotional, and psychological injuries you’ve suffered, and any other damages that could be sought, such as future and current medical expenses along with property damage, lost wages.

Your lawyer will also talk with experts such as medical professionals mechanics, engineers and mechanics. These experts will help paint a a vivid picture of your crash and your injuries for the jury.

Your lawyer will then begin negotiations with the insurance companies to settle your case without trial. If the insurance company fails to provide you with a fair settlement, or does not take into account your injuries or other damages, your case will likely be heard in court.

While only a few cases make it to trial, it is crucial for victims to make a claim as soon as they can. Memories fade, witnesses disappear, and evidence could be lost in time and it becomes difficult to establish a compelling argument for the most compensation. It is also important to adhere to the statute of limitations in your state which can range from 1 to 6 year.