lambbread29
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Phases of an Auto Accident Lawsuit Property damage medical bills and lost wages can be significant following an auto accident A knowledgeable attorney can assist you in obtaining the amount you are due The procedure is different from case to case however generally it starts with filing an action The discovery phase trial and any appeals follow Medical Records Medical records are an essential element of any auto accident case They will assist a jury or judge understand how the injury has had an impact on your life including the physical emotional and financial consequences of your injuries Insurance companies will have a hard time to challenge the narrative told by medical records Depending on your states laws and your doctors guidelines You may be granted a limited amount of time to request medical records from healthcare providers This is why you should discuss your legal needs whenever you can after an accident auto accident attorney norwalk and Accountability Act or HIPAA ensures that you have the right to access these medical records This does not mean you or your lawyer are the only ones who are able to access your medical records Insurance companies are always looking for any sign that could suggest that your injuries arent as severe as you claim or preexisting Your lawyer will use the medical information that you supply to write a letter of demand that will include evidence in support of the damages youre seeking Your lawyer must only provide the relevant medical records to your insurance company They may ask you to grant them permission to access your complete medical record This is not in your best interests since it could expose past injuries that arent connected to the current claim Reports of the Police Police reports are created each time a police officer responds to an emergency including car accidents Although they are not admissible in the courts of law they are deemed to be hearsay they provide valuable information to attorneys in the process of investigating and preparing their cases A police report offers an independent account of the crash from the witness testimony as well as the officers observations of the weather conditions drivers and a variety of other factors Its a crucial document that can help you win your lawsuit for car accidents against the defendant Typically you can request a copy of your police report from the police station that was responsible for the investigation by calling their nonemergency 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 the records online When your medical bills and property damage as well as lost wages are at the amount of a certain amount then youll need to start a lawsuit against the atfault driver The police report is an important tool in settlement negotiations especially when you can establish the other drivers responsibility through the observations of the officer However many cases reach a settlement without ever going to trial It can take a while to complete the pretrial procedures and your case could not be resolved for a year or more Insurance Company Negotiations Once the adjuster has all of the information they need from you and your car accident investigation he will make a settlement offer They will enter all the facts and details into a software program to make their initial offer Most likely they will make a smaller number than what you estimated in your investigation When insurance companies make settlement offers theyve got their own financial interest in their minds Theyll want to reduce the amount theyll have to pay for medical expenses and other damages You can fight back when you point out the negative effects your injuries could have on you and affect your life in future For example you can refer to your rising medical bills the loss of earning capacity and the physical and emotional suffering that youre currently experiencing Your lawyer or you then prepare a demand letter and submit it to the insurance company This will include all the evidence youve collected including witness statements photos of your injuries and any documents supporting your losses You should also create a list of your nonnegotiables so you can deter the insurance company from underpricing you When an agreement has been reached the written settlement agreement will reflect it Negotiations are often a back and forth but remaining patient will assist you in negotiating a fair settlement Legal Advice Discovery is the next stage of the lawsuit in which both parties exchange information and evidence The parties may request medical records police reports and witness statements The parties will also exchange interrogatories that are written questions that must be answered on oath within a certain time In addition your lawyer will record the extent of your physical emotional and psychological injuries and any other damages you could seek to compensate for such as current and anticipated future medical expenses property damage and lost wages Your lawyer will confer with other experts like mechanics medical professionals and engineers These experts can assist the jury to get an accurate picture of your injuries and accident Your lawyer will then begin negotiations with the insurance companies to settle your case without trial However if the insurance company offers a low amount of money or does not take your injury and other damages into consideration the case could progress to trial Although few cases actually go to trial it is vital for the victims to file a lawsuit as soon as is possible Memories fade witnesses can die and evidence can disappear over time making it harder to make a strong argument for the most compensation In addition you must abide with the statute of limitations in your state which can vary from 1 to 6 years
