Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages may be significant after an accident. An experienced lawyer can help to get the compensation you need.

The process varies depending on the case, but generally, it begins with filing an action. Then follows the discovery phase, trial and any appeals.

Medical Records

Medical records are an essential component of any jeannette auto accident attorney accident lawsuit. They will help jurors or judges understand the impact of the accident on your life. This includes the emotional, financial physical, and emotional costs. Medical records can also tell the story that insurance companies will have a difficult to dispute.

You might only have a limited amount of time, depending on the laws of your state and the policy of your doctor, to obtain medical records. This is the reason you should speak with your lawyer whenever you can after an accident. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones able to view your medical records. Insurance companies are always looking for anything that could indicate your injuries might not be as severe as you claim or pre-existing.

Your lawyer will use the medical records you provide to draft the letter of demand that will include evidence supporting the damages you're seeking. Your lawyer must only provide the relevant medical documents to your insurance company. They might ask you to grant them permission to access your complete medical record. This is not in your best interests as it could reveal past injuries that are not related to the current claim.

Reports of Police

Each time a police officer responds to a call for help, such as an accident, he produces a report. While they cannot be used in a court of law (they are considered to be hearsay) they are valuable information for attorneys when researching and preparing cases.

A police report is an objective assessment of what happened in the crash, based on witness statements and observations about the vehicles' damage as well as weather conditions, drivers and more. It's a vital piece of evidence that could assist you in winning a lawsuit for car accidents.

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

You will need to file a suit against the driver responsible after your medical expenses as well as lost wages and property damage exceed an amount. The police report can be a valuable tool in settlement negotiations, particularly when you can prove that the other driver was largely at fault based on the officer's observations. A lot of cases are settled without having to go to trial. It may take some time to work through the pre-trial procedures and your case could not be resolved for a long time.

Insurance Company Negotiations

When the adjuster has all of the details they require from you and your vehicle accident investigation, he will make an offer to settle. To generate their first offer, they will enter all the details and facts into a computer program. Most likely, they will produce a significantly smaller amount than you anticipated in your research. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll be looking to reduce the amount they have to pay in medical bills and other damages. You can fight back if highlight how your injuries will negatively affect your life in the near future. For example, you can refer to your rising medical bills, the loss of earning potential, and the emotional and physical suffering you're experiencing.

Your lawyer or attorney will then draft a demand letter and then present it to the insurance company. This letter will include all the evidence you have gathered including witnesses' statements and photographs of your injuries. You'll also prepare an outline of your non-negotiables, so you can keep the insurance company from undercutting you. Once an agreement has been reached and the written settlement contract will reflect it. Negotiations are usually back and forth, but perseverance will help you achieve an equitable settlement.

Legal Advice

The next phase in the car lawsuit involving an accident is discovery, during which both sides exchange information and evidence. Parties can seek medical records, police reports, and witness statements. They will also send another interrogatories (written questions that need to be answered under oath by end of the specified time). Your attorney will also record the severity of the physical, emotional, and psychological injuries you've sustained, and any other damages that may be sought, such as current and projected medical expenses along with property damage, lost wages.

Your lawyer will talk to other experts, such as mechanics, medical professionals, and engineers. These experts can assist the jury to get an accurate picture of your injuries and the accident.

Your lawyer will then start negotiations with insurance companies to resolve your case without trial. If the insurance company does not provide you with an equitable settlement or does not take into account your injuries or other damages, your case will likely be heard in court.

It is vital that victims file a suit as soon as they can even though very few cases are heard in court. Memory fades, witnesses disappear, and evidence could be lost as time passes and make it difficult to establish a compelling case to get the maximum amount of compensation. In addition, you must abide with the statute of limitations in your state, which can be anywhere from one to six years.