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Phases of an Auto Accident Lawsuit

Car accident injuries can result in substantial medical bills along with property damage and lost wages. A knowledgeable attorney can help you receive the compensation that you require.

The process is different depending on the case, however, generally it starts with filing an action. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are an important element in any auto accident lawsuit. They will assist the judge or jury to know how the injury affected your life, including the emotional, physical and financial costs of your injuries. Medical records will also reveal an insurance company a story they will have a tough time disputing.

You might only have a limited amount of time, contingent on the laws of your state and the guidelines of your physician, to obtain medical records. You should consult your lawyer as soon after an accident as possible. auto accident lawsuit baton rouge 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 access your medical records. Insurance companies are always looking for anything that could indicate that your injuries aren’t as serious as you claim or pre-existing.

Your lawyer will make use of the medical records that you supply to write a letter of demand that will include evidence supporting the damages you’re seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They might request you to allow them to access your complete medical record. This is not the best option for your claim since it could reveal previous injuries that are not connected to the claim.

Reports of the Police

Police reports are produced each time a law enforcement officer responds to an emergency or accident, such as car accidents. Even though they’re not admissible in court (they are considered hearsay) they can provide invaluable information to attorneys investigating an accident and preparing a case.

A police report gives an objective account of the accident from the witness’ testimony and the officer’s observations of the weather conditions, drivers, and other elements. It’s a crucial document that can assist you in winning your lawsuit for car accidents against the defendant.

You can usually request a copy of the records from the police precinct that handled the investigation. Call their emergency line and provide the receipt or incident number for identification. You can request copies of your police report through the department’s website.

When your medical bills and property damage as well as lost wages reach a certain amount, you will need to bring a lawsuit against the driver who is at fault. The police report can be a useful tool in settlement negotiations, especially when you can prove that the other driver was largely at fault based on the officer’s observations. Many cases are settled without going to trial. It can take a while to complete the steps before trial and your case might not be resolved for a long time.


Insurance Company Negotiations

When the adjuster has all of the information they need from you as well as your car accident investigation, they will make an offer to settle. To make their first offer, they will enter all the information and details into an online program. Most likely, they’ll arrive at a less than the amount you calculated using your study. It’s important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They’ll want to limit the amount they have to pay for your medical bills and other damages. You can counter by highlighting all the ways your injuries will impact your life in the coming years. For instance, you can, point out your mounting medical bills and the loss of earnings potential, as well being aware of the physical and mental suffering you’re feeling.

Your lawyer or you will then draft a demand letter and then present it to the insurer. This letter will include all of the evidence that you have gathered including witness statements and photos of your injuries. You should also make an outline of the things you will not negotiate to ensure that the insurance company is not undervaluing your claim. If an agreement is reached and ratified, it will be included in the form of a written settlement agreement. Negotiations often involve back and forth process, but being patient can help you achieve an equitable settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery, in which the parties exchange information and evidence. Parties can request medical records and police reports, as well as witness statements. They may also send the other interrogatories (written questions that have to be answered under oath by the end of a specified time). Your attorney will also record the extent of the physical, emotional, and psychological injuries you have suffered, as well as any other damages which could be sought out, such as future and current medical expenses, property damage, and lost wages.

Your lawyer will also consult with experts such as medical specialists, mechanics and engineers. These experts can help the jury get an accurate picture of the injuries and accidents you sustained.

Finally, your attorney will begin negotiations with insurance companies in order to attempt to settle your claim without a trial. If the insurance company doesn’t offer a fair settlement, or doesn’t take into consideration your injuries and other damages your case is likely to go to trial.

While a small number of cases do go to trial, it is important for victims to make a claim as soon as possible. Memories fade, witnesses disappear, and evidence could be lost over time and make it difficult to present a convincing case for maximum compensation. Plus, you must comply with the statute of limitations in your state, which can be anywhere from one to six years.