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20 Resources That Will Make You More Effective At Auto Accident Law
Phases of an Auto Accident Lawsuit

Damage to property, medical bills, and lost wages can be significant following a car accident. An experienced attorney can assist you in getting the amount of compensation you deserve.

The procedure varies from case-to-case, but generally, it begins with filing a complaint. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are a vital element in any auto accident case. They will help the judge or jury comprehend how the accident affected your life, as well as the emotional, physical and financial cost of your injuries. Medical records will also provide the story that insurance companies will have a tough to dispute.

You might only have a particular period of time, based on the laws of your state and the policy of your doctor to request medical records. This is the reason you should contact your lawyer as soon as you can after an accident. The law guarantees access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones to examine your medical records. Insurance companies are generally keen to uncover anything that could suggest that your injuries were pre-existing or not so severe as you say.

Your lawyer will use the medical information that you supply to write the letter of demand, which will include evidence supporting the damages you seek. Your lawyer should only provide the relevant medical documents to your insurance company. They may request you to allow them to access your entire medical record. This is not in your best interests since it could expose past injuries that are not related to the current claim.

Police Reports

Police reports are created each time a law enforcement officer responds to an emergency or accident, such as car accidents. While they cannot be used in the courts of law (they are considered to be hearsay), they provide valuable information for attorneys when investigating and preparing their cases.

A police report is an objective report of what happened during the accident, based on witnesses' statements and observations about the vehicles' damage, weather conditions, drivers, and so on. It's a vital piece of evidence which can aid you in winning a car accident lawsuit.

You can typically request a copy of the records from the precinct responsible for the investigation. Contact their non-emergency number and provide the receipt or incident number as proof of identification. The police department might have a website on which you can request copies of the records online.

You will need to file a lawsuit against the driver who was at fault when your medical bills, lost wages, and damages to property reach the amount of. The police report is a valuable tool in settlement negotiations, particularly when you can prove the other driver's guilt through the observations of the officer. However, many cases reach a settlement without ever going to trial. The pre-trial process can be long and your case may not be resolved until a year after you file it.

Insurance Company Negotiations

When the adjuster has all of the information they need from you as well as your car accident investigation, he will make an offer for settlement. To create their initial offer, they will enter all the information and details into the computer program. Most likely, they will make a smaller number than what you estimated from your investigation. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They'll seek to limit the amount they are required to pay for medical bills and other damages. You can fight back when you mention how your injuries will affect your life in the near future. For instance, you can point to your mounting medical bills, the loss of earning potential, and the emotional and physical pain you're suffering.

Your attorney or you will then draft the letter of demand and submit it to an insurance company. It will contain all the evidence you have collected and include statements from witnesses, photographs of your injuries and any documents that support your losses. You'll also prepare the list of your non-negotiables, so you can deter the insurance company from lowballing you. After an agreement has been reached, the written settlement agreement will reflect it. It's not uncommon for back-and-forth to occur during the negotiation process, but remaining in the moment will help you get an acceptable settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery, where both sides exchange information as well as evidence. Parties can request medical records, police reports and witness statements. They can also send each other interrogatories (written questions that have to be answered under oath before the end of the specified time). Your lawyer will also record the extent of the physical emotional, psychological, and physical injuries you've sustained, in addition to any other damages that may be sought out, such as the current and anticipated medical expenses along with property damage, lost wages.

Your lawyer will speak with other experts like medical specialists, mechanics, and engineers. These experts will aid in painting a the vivid picture of the crash and the extent of your injuries to the jury.


Your lawyer will then start negotiations with insurance companies in order to resolve your case with no trial. If auto accident law firm el monte is willing to offer you a small settlement or fails to take your injuries and other damages into account your case is likely to progress to trial.

While only a few cases go to trial it is essential for victims to begin a lawsuit as soon as they can. Memory fades, witnesses pass away, and evidence can be lost in time making it more difficult to build a strong case to get the maximum amount of compensation. You must also follow the statute of limitations in your state that can range from 1 to 6 years.

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