Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages could be substantial after an auto accident. An experienced lawyer can assist you receive the compensation you need.

The procedure varies depending on the case, however, generally it starts with filing a complaint. Then comes the discovery phase along with any appeals.

Medical Records

Medical records are an essential component of any auto accident law firms accident lawsuit. They will help a judge or jury determine the impact of the accident on your life. This includes the emotional, financial physical, and emotional expenses. Medical records will also reveal an insurance company a story they will have a tough to argue.

You might only have a limited amount of time, depending on the laws in your state and the policies of your doctor to obtain medical records. This is why you should discuss your legal needs immediately following an accident. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these records. This does not mean you or your lawyer are the only ones able to examine your medical records. Insurance companies are always looking for any sign that could suggest that your injuries aren't as serious as you claim or have a pre-existing condition.

Your lawyer will utilize your medical records to prepare a demand letter which will contain evidence to support the damages you are seeking. It is essential that your lawyer only send relevant medical records to the insurance company as they may ask you to sign a medical authorization that permits them to access all your medical records. This is not in your best interest as it could reveal past injuries that aren't connected to the present claim.

Reports of Police

Police reports are produced each time a law enforcement officer responds to an emergency, including car accidents. Even though they aren't admissible in court (they are deemed to be hearsay), they do provide invaluable information to attorneys investigating an accident and preparing cases.

A police report provides an objective view of what transpired in the crash, based upon witness statements and the officer's observations regarding the damage to the vehicle as well as weather conditions, drivers and more. It is an important evidence that can help you win an auto accident lawsuit.

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

You'll need to file a suit against the driver at fault after your medical expenses, lost wages, and property damage exceed a certain value. The police report can be an effective tool for settlement negotiations, especially if you can prove the other driver's negligence based on observations made by the officer. However, many cases reach settlements without ever going to trial. It coun to the other damages you might be seeking to recover, including existing and projected future medical expenses, property damage and lost wages.

Your lawyer will also talk with experts such as medical specialists mechanics, engineers and mechanics. They will help paint a an appealing picture of the crash and the injuries you sustained for the jury.

Then, your lawyer will begin discussions with insurance companies to attempt to settle your claim with out a trial. If the insurance company fails to provide you with a fair settlement or does not consider your injuries and other losses, your case is likely to go to trial.

While only a few cases make it to trial, it is vital for the victims to begin a lawsuit as soon as is possible. Memory fades, witnesses disappear, and evidence could be lost in time, making it harder to make a strong case for the maximum amount of compensation. You must also adhere to the statute of limitations in your state which can range from 1 to 6 year.