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Phases of an Auto Accident Lawsuit

Car crash injuries could result in significant medical bills, property damage, and even lost wages. An experienced attorney can help you get the compensation you require.

The process is different from case to case but generally, it begins with filing an action. Then follows the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an essential element in any auto accident lawsuit. They will help a jury or judge know how the injury had an impact on your life, including the emotional, physical and financial cost of your injuries. Medical records will also tell an account that insurance companies 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. Consult with your lawyer as soon after an accident as is possible. Health Information Portability and Accountability Act or HIPAA ensures that you have the right to access these documents. However, this doesn’t mean that you or your lawyer are the only ones to examine your medical records. Insurance companies are always looking for anything that might suggest your injuries might not be the severity you claim or if you have pre-existing injuries.

Your lawyer will make use of the medical records you provide to create an order letter that will include evidence in support of the damages you are seeking. Your lawyer should only supply the relevant medical documents to your insurance company. They might request you to allow them to access your complete medical record. This is not beneficial to your claim, as it could expose past injuries that are not relevant to this claim.

Police Reports

Police reports are produced each time a law enforcement officer responds to an emergency call, including car accidents. Even though they aren’t admissible in court (they are considered hearsay) They can provide invaluable information to attorneys conducting an investigation and preparing an argument.

A police report provides an objective view of what transpired in the accident, based on witnesses’ statements and the officer’s observations about the vehicle’s damage and weather conditions, drivers and more. It’s an important piece of evidence which can help you win a lawsuit in a car accident.

You can typically request a copy from the police precinct that handled the investigation. Contact their non-emergency number and provide the receipt or incident number as identification. You can also request copies of police reports through the department’s website.

You’ll need to file a lawsuit against the driver who was at fault when your medical bills as well as lost wages and property damage have reached the amount of. The police report can prove to be a helpful tool in settlement negotiations, particularly if you can prove that the other driver was largely at blame based on the officer’s observations. Many cases are settled without having to go to trial. It can take time to go through the pre-trial process and your lawsuit might not be resolved for a long time.


Insurance Company Negotiations

Once the adjuster has all the information they require from you as well as your car accident investigation, they’ll make a settlement offer. To make their first offer, they’ll enter all the details and facts into an application on computers. Most likely, they’ll make a lower number than you calculated in your study. It’s important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They’ll seek to limit the amount they are required to pay for medical bills and other damages. You can fight back by highlighting all the ways your injuries could affect your life in the near future. You can, for example mention your increasing medical bills and the loss of earning potential, as well being aware of the physical and mental pain you’re experiencing.

You or your lawyer will prepare a demand form and submit it to the insurance company. This will include all the evidence you have collected such as witness statements, photographs of your injuries as well as any documents that support your losses. You should also make an outline of the things you will not negotiate to ensure that the insurance company is not undervaluing your claim. After an agreement has been reached the settlement agreement written will reflect it. It’s normal for a back-andforth to occur during the negotiation process, but remaining calm will allow you to reach an acceptable settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery, where both sides exchange information as well as evidence. Parties can request medical records, police reports and witness statements. They can also send another interrogatories (written questions that must be answered under oath by deadline). Your lawyer will also record the severity of the physical mental, emotional, or psychological injuries you have suffered, in addition to any other damages which could be sought out, such as the amount of medical expenses you are currently and in the future, property damage, and lost wages.

auto accident attorney vancouver will also consult with experts such as medical professionals mechanics, engineers and mechanics. They will help paint a an appealing picture of the crash and your injuries for the jury.

Your lawyer will then begin negotiations with the insurance companies to resolve your case with no trial. If the insurance company doesn’t provide you with a fair settlement or does not consider your injuries and other losses, your case will likely be heard in court.

It is vital that victims file a lawsuit as soon as possible, even if only a handful of cases will ever make it to the courtroom. Over time, memories fade, witnesses pass away and evidence is lost which makes it more difficult to establish a solid claim for the most compensation. Plus, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.