Five Essential Tools Everyone In The Auto Accident Law Industry Should Be Using

Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages may be substantial following a car accident. An experienced lawyer can help you receive the compensation you require.

The procedure can differ from case-to-case, but usually starts with the filing of a complaint. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are an essential element in any auto accident case. They can help the judge or jury know how the injury affected your life, as well as the emotional, physical and financial costs of your injuries. Insurance companies will be unable to dispute the story told by medical records.

You may only have a certain amount of time, depending on the laws in your state and the guidelines of your physician, to request medical records. It is recommended to consult with your lawyer as soon after an accident as possible. Health Information Portability and Accountability Act or HIPAA, protects your right to access these documents. This doesn't mean you or your lawyer are the only ones to examine your medical records. Insurance companies will often try to discover anything that may suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will use your medical records in order to draft a demand letter, which will contain evidence to support the damages you seek. Your lawyer should only supply the relevant medical documents to your insurance company. They might require you to give them permission to access your complete medical record. This is not beneficial to your claim as it may reveal previous injuries that are not connected to the claim.

Police Reports

Police reports are created each time a police officer responds to an emergency, including car accidents. Even though they're not admissible in court (they are considered to be hearsay) they can provide valuable information to attorneys when investigating an accident and creating a case.

A police report is an objective view of what happened in the crash, based upon witness statements and observations about the vehicles' damage, weather conditions, drivers and more. It is an important piece of evidence that can aid you in winning a lawsuit in a car accident.

Usually, you can request a copy your police report from the precinct that handled the investigation by calling their non-emergency phone number and supplying an invoice or incident number to identify the report. You can also request copies of records through the department's website.

After your medical expenses or property damage, as well as lost wages exceed a certain amount, you'll have to make a claim against the driver who is at fault. The police report can be an important tool in settlement negotiations, particularly when you can establish the other driver's guilt based on observations made by the officer. In many cases, however, the parties reach an agreement without going to trial. It can take a while to complete the pre-trial process and your case may not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the details they need from you and the car accident investigation, they will extend an offer for settlement. They will then input all the information and facts into a software program to create their initial offer. They'll probably be able to come up with a figure that's much lower than what you calculated from your investigation. auto accident law firm davenport to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They will seek to limit the amount they will have to pay for medical bills and other damages. You can counter by highlighting all the ways your injuries will affect your life in the coming years. For instance, you can draw attention to your increasing medical bills, your lost earning potential, and the emotional and physical pain you're suffering.

Your attorney or you will prepare an order letter and present it to an insurance company. The letter should contain all the evidence you've gathered, including witnesses' statements and photographs of your injuries. Also, you'll make a list of your non-negotiables, so you can prevent the insurance company from negotiating with you. Once an agreement has been reached the settlement agreement written will reflect it. Negotiations can be a back and forth, but perseverance will help you achieve a fair settlement.

Legal Advice

The next phase in the car lawsuit involving an accident is discovery. During this process, both sides exchange information and evidence. Parties may seek medical records and police reports as well as witness statements. They can also send another interrogatories (written questions that need to be answered under oath before the end of a specified time). Your attorney will also record the extent of physical emotional, psychological, and physical injuries you have suffered, as well as any other damages that may be sought out, such as future and current medical expenses or property damage, as well as lost wages.

Your lawyer will confer with other experts, including medical specialists, mechanics and engineers. These experts can assist the jury get clear information about the injuries and accidents you sustained.

Your attorney will then begin negotiations with insurance companies to settle your case without trial. If the insurance company does not offer a fair settlement, or does not take into account your injuries or other damages, your case is likely to go to trial.

It is crucial that victims file a lawsuit promptly even though very few cases are heard in the courtroom. With time memories fade, witnesses pass away, and evidence disappears, making it more difficult to establish a solid claim for the most compensation. You must also follow the statute of limitations for your state, which can vary from 1 to 6 year.