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15 Surprising Facts About Auto Accident Law
Phases of an Auto Accident Lawsuit

Property damage, medical bills, and lost wages can be significant following a car accident. An experienced lawyer can assist you in getting the justice you deserve.

The process may differ depending on the case, but usually starts with the filing of an accusation. Then comes the discovery phase along with any appeals.

Medical Records

Medical records are an essential part of any auto accident case. They will aid the judge or jury to know how the injury affected your life, including the physical, emotional and financial burdens of your injuries. Insurance companies will have a hard time to dispute the story told by medical records.

You might only have a limited amount of time, based on the laws in your state and the policy of your doctor, to obtain medical records. Consult with your lawyer as soon following an accident as is possible. The law protects 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 can examine your medical records. Insurance companies are always looking for evidence that could suggest your injuries might not be as serious as you claim or if you have pre-existing injuries.

Your lawyer will make use of your medical records to draft a demand letter, which will include evidence to support the damages you are seeking. It is essential that your lawyer only provides relevant medical records to the insurance company, as they may ask you to sign an authorization that allows them to access all of your medical records. This is not in the best interest of your claim because it could reveal previous injuries that are not connected to the claim.

Reports of Police

Each time a police officer responds to a request for help, which could include an accident, he or she makes a police report. Although they aren't admissible in the courts of law (they are considered to be hearsay) They are a valuable source of information to attorneys in the process of investigating and preparing cases.

A police report provides an objective account of what happened in the accident, based on witnesses' statements and the officer's observations regarding the damage to the vehicle as well as weather conditions, drivers and more. It's a crucial document that can help you win your lawsuit for car accidents against the defendant.

You can typically request a copy of the records from the precinct who handled the investigation. Call their emergency line and provide an original receipt or an incident number as identification. The police department might also have a website on which you can request copies of your records online.

After your medical expenses or property damage, as well as lost wages exceed an amount you can afford, you'll need to make a claim against the driver who is at fault. The police report can prove to be a helpful tool in settlement negotiations, especially in cases where you can show that the other driver was at fault based on the officer's observations. Many cases end up reaching settlements without ever going to trial. It could take a long time to work through the steps before trial and your case could not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the information they require from you, and the investigation into the car accident, they will extend an offer for settlement. They will put all the information and facts into a computer program in order to create their initial offer. They will most likely come up with a number which is significantly lower than the number you calculated based on your investigation. auto accident attorneys florida to remember that insurance companies have their own financial interests in mind when making settlement offers.


They'll want to reduce the amount they'll need pay for medical expenses and other damage. You can fight back if you explain the way your injuries will impact your life in the future. For instance, you could draw attention to your increasing medical bills, the loss of earnings capacity and the physical and emotional suffering you're going through.

Your attorney or you will then draft the letter of demand and present it to an insurance company. The letter should contain all the evidence you have gathered including witnesses' statements and photographs of your injuries. Also, you'll make a list of your non-negotiables so you can stop the insurance company from negotiating with you. After an agreement has been reached the written settlement agreement will reflect it. It's normal for a back-andforth to occur during the negotiation process, but remaining patient will help you reach a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. Parties may request medical records, police reports, and witness statements. The parties can also exchange interrogatories that are written questions which must be answered under an oath within the time limit. In addition the attorney will also document the extent of your physical emotional and mental injuries and any other damages you could seek compensation for such as current and anticipated future medical costs, property damage, and lost wages.

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

Then, your lawyer will begin negotiations with insurance companies in order to attempt to resolve your claim without trial. However, if the insurance company offers an unsatisfactory settlement or fails to take your injuries and other damages into consideration the case could go to trial.

Although few cases actually make it to trial, it is essential for victims to begin a lawsuit as soon as they can. Memory fades, witnesses disappear and evidence may be lost over time and make it difficult to establish a compelling case to get the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.

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