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Now That You've Purchased Auto Accident Law ... Now What?
Phases of an Auto Accident Lawsuit

Injuries from car crashes could result in significant medical bills, property damage, and even lost wages. An experienced attorney can assist you in obtaining the amount you are due.

The process can vary from case-to-case, but typically, it starts with the filing of an accusation. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an important component of any auto accident lawsuit. They will assist a jury or judge understand how the injury has affected your life, including the physical, emotional and financial cost of your injuries. Medical records will also provide the story that insurance companies will have a hard to dispute.

In accordance with the laws of your state and the policy of your doctor depending on your state's laws and your doctor's policy, you could have the time to request medical records from healthcare providers. You should consult your lawyer as soon after an accident as is possible. The law safeguards your access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that you or your lawyer are the only ones who are able to view your medical records. Insurance companies constantly look for evidence that suggests that your injuries aren't as severe as you think or if you have pre-existing injuries.

Your lawyer will utilize your medical records to prepare a demand letters, which will include evidence to justify the damages you seek. Your lawyer should only supply the relevant medical records to your insurance company. They may require you to give them permission to access your entire medical record. This is not beneficial to your claim because it could expose past injuries that are not relevant to the claim.

Reports of the Police

Every time a police official responds to a request for help, including an accident, he produces a report. Although they aren't admissible in the courts of law (they are deemed to be hearsay) They are a valuable source of information for attorneys who are investigating and preparing cases.

A police report is an objective report of what happened during the crash, based upon witness statements and the officer's observations about the vehicles' damage and weather conditions, drivers and more. It's a vital piece of evidence that could assist you in winning an auto accident lawsuit.

Usually you can request a copy of your police report from the precinct which handled the investigation by calling their non-emergency number and providing an incident or receipt to identify it. The police department may have a website where you can request copies of your records online.

When your medical bills and property damage as well as lost wages reach the amount of a certain amount, then you'll have to bring a lawsuit against the at-fault driver. The police report can be an essential tool in settlement negotiations, especially when you can prove the other driver's fault through the observations of the officer. In many cases, however, the parties reach settlements without ever going to trial. It can take a while to work through the pre-trial steps and your case might not be resolved for a long time.

Insurance Company Negotiations

When the adjuster has all of the information they require from you and your automobile accident investigation, they will make an offer for settlement. They will input all the facts and details into a software program to create their initial offer. Most likely, they will arrive at a smaller amount than you anticipated in your investigation. When insurance companies make settlement offers, they've got their own financial interests in their minds.

They'll want to reduce the amount they'll have to pay for medical expenses and other damages. You can counter by pointing out all the ways your injuries could affect your life in the future. For instance, you can refer to your rising medical bills, your decreased earnings capacity and the emotional and physical suffering that you're currently experiencing.


Your attorney or you create an official demand letter and present it to an insurer. It should include all the evidence you have collected such as witness statements, photographs of your injuries as well as any evidence to support your losses. Also, you'll make an inventory of your non-negotiables, so you can deter the insurance company from under-pricing you. When an agreement has been reached and the written settlement contract will reflect it. It's not uncommon for back-and-forth to take place during these negotiations, but staying patient will help you reach an acceptable settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery, during which both sides exchange information as well as evidence. Parties may request medical records, police reports, and witness statements. auto accident attorneys peoria will also send any additional interrogatories (written questions that have to be answered under oath by expiration of a specific time). Your attorney will also record the severity of physical, emotional, and psychological traumas you've suffered in addition to any other damages that might be sought out, such as current and projected medical expenses as well as property damage and lost wages.

Your lawyer will speak with other experts, like mechanics, medical professionals and engineers. These experts will help paint a vivid picture of the crash and your injuries for the jury.

Your lawyer will then begin negotiations with the insurance companies to resolve your case with no trial. If the insurance company provides you with a low amount of money or fails to take your injuries and other damages into consideration your case is likely to progress to trial.

Although a small percentage of cases make it to trial, it is vital for the victims to begin a lawsuit as soon as they can. Memory fades, witnesses pass away, and evidence can be lost over time making it more difficult to build a strong argument for the most compensation. You must also follow the statute of limitations in your state which can vary between 1 and 6 years.

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