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15 Reasons To Not Ignore Auto Accident Law
Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages can be substantial after an accident. A knowledgeable attorney can help to get the compensation you need.

The process varies depending on the case, however, generally it starts with filing an action. Then comes the discovery phase, trial and any appeals.

Medical Records

Medical records are an essential part of any auto accident case. auto accident law firm amarillo will assist jurors or judges determine how the accident has impacted your life, including the emotional, physical and financial cost of your injuries. Insurance companies will find it difficult to argue with the information provided by medical records.

According to the laws of your state and the policy of your doctor You may be granted only a short amount of time to request medical records from healthcare providers. It is recommended to consult with your lawyer as soon following an accident as you can. The law protects your 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 who are able to examine your medical records. Insurance companies constantly look for evidence that could suggest your injuries may not be as serious as you claim or pre-existing.

Your lawyer will use your medical records to prepare a demand letter that will include evidence to support the damages you are 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 entire medical record. This is not beneficial to your claim because it could reveal injuries from the past that are not related to the claim.

Reports of Police

Every time a police officer responds to a request for help, including an accident, he prepares a police report. Even though they're not admissible in court (they are considered to be hearsay) they can provide important information to attorneys when investigating an accident and creating the case.

A police report provides an impartial account of the accident from the witness' testimony and the officer's observations of the weather conditions, drivers, and other factors. It is an important piece of evidence that can assist you in winning your car accident lawsuit against the defendant.

Usually you can request a copy your police report from the police station that was responsible for the investigation by calling their non-emergency phone number and providing the receipt or incident number to identify it. You can also request copies of police reports through the website of the police department.

You'll need to file a lawsuit against the driver responsible once your medical bills, lost wages, and damages to property reach a certain value. The police report can be a valuable tool in settlement negotiations, especially when you can prove the other driver's fault through the observations of the officer. A lot of cases are settled without going to trial. It can take a while to work through the pre-trial process and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the data they require from you, and the car accident investigation is complete, they will offer an offer for settlement. They will put all the facts and details into a program that will create their initial offer. Most likely, they'll come up with a much smaller number than what you estimated using your investigation. When insurance companies offer settlement offers, they have their own financial interests in the back of their heads.

They'll want to limit the amount they have to pay for your medical bills and other damage. You can fight back by pointing out all the ways your injuries will affect your life in the future. You can, for example highlight your growing medical bills and lost earning potential, as well as the physical and mental suffering you are experiencing.

You or your lawyer will create a demand letter and submit it to the insurance company. It should include all the evidence you've collected and include witness statements, photographs of your injuries, and any documents supporting your losses. Also, you'll make the list of your non-negotiables, so you can deter the insurance company from undercutting you. When an agreement is reached, it will be reflected in an agreement to settle in writing. Negotiations are often a back and forth process, but remaining patient will aid in achieving an equitable settlement.


Legal Advice

Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. Parties can seek medical documents, police reports or witness statements. The parties can also exchange interrogatories, which are written questions that have to be answered under an oath within certain times. Additionally your attorney will provide documentation of the extent of your physical emotional and psychological traumas in addition to the other damages you may be seeking to recover such as current and anticipated future medical expenses, property damage and lost wages.

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

Your attorney will then start discussions with the insurance companies to resolve your case with no trial. However, if the insurance company is willing to offer you a low settlement or does not take your injury and other damages into account, your case will likely be heard at trial.

Although a small percentage of cases get to trial, it is important for victims to begin a lawsuit as soon as they can. As time passes, memories fade, witnesses die, and evidence disappears which makes it more difficult to present a compelling case for maximum compensation. You must also follow the statute of limitations in your state, which can vary from 1 to 6 year.

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