Notes

Unquestionable Evidence That You Need Auto Accident Law
Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in substantial medical bills as well as property damage and loss of wages. An experienced attorney can help you receive the compensation that you need.

The procedure can differ from case-to-case, but usually begins with the filing of an action. This is followed by the discovery phase along with any appeals.

Medical Records

Medical records are an essential part of any auto accident case. They will help a jury or judge comprehend how the accident had an impact on your life, including the emotional, physical and financial cost of your injuries. Insurance companies will be unable to refute the story portrayed by medical records.

You might only have a particular amount of time, contingent on the laws in your state and the guidelines of your physician, to obtain medical records. You should speak with your lawyer as soon after an accident as possible. The law guarantees access to these records by implementing 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 examine your medical records. Insurance companies are always looking for any sign that could indicate your injuries might not be as serious as you claim or pre-existing.

Your lawyer will utilize your medical records to draft a demand letter, which will include evidence to justify the damages you are seeking. It is important to ensure that your lawyer provides relevant medical records to the insurance company, since they might ask you to sign an authorization that permits them to access all your medical records. This is not beneficial to your claim because it could reveal past injuries not related to this claim.

auto accident attorney elizabeth of the Police

Every time a police officer responds to a call for help, which could include an accident, he or she produces a report. Although they cannot be admitted in the courts of law (they are considered to be hearsay) they are valuable information for attorneys when investigating and preparing their cases.

A police report provides an objective assessment of what happened in the crash, based on witness statements and the officer's observations regarding the damage to the vehicles and weather conditions, drivers and more. It's a vital evidence that can help you win a lawsuit for car accidents.

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


If your medical bills, property damage and lost wages exceed an amount that is a certain amount, you will need to make a claim against the driver at fault. The police report can be an important tool in settlement negotiations, particularly in cases where you can prove other driver's fault in the light of observations made by the officer. In many cases, however, the parties reach settlements without ever going to trial. It can take time to complete the steps before trial and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the details they require from you, and the investigation into the accident and investigation, they will make an offer for settlement. To generate their first offer, they'll input all the details and facts into an online program. Most likely, they'll come up with a much smaller number than what you estimated using your research. It's important to keep in mind 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 are able to fight back if you mention the negative effects your injuries could have on you and affect your life in the near future. You can, for example highlight your growing medical bills and your lost earning potential, as in the mental and physical suffering you're experiencing.

Your lawyer or attorney will prepare a demand form and send it to the insurer. The letter should contain all of the evidence that you've collected, including witness statements and photos of your injuries. Also, you'll make the list of your non-negotiables so you can deter the insurance company from under-pricing you. Once you have reached an agreement and ratified, it will be included in a written settlement agreement. Negotiations often involve back and forth affair, but remaining patient will assist you in negotiating an equitable settlement.

Legal Advice

The next stage in the car lawsuit involving an accident is discovery, during which both sides exchange information as well as evidence. Parties can request medical records, police reports, as well as witness statements. They will also provide another interrogatories (written questions that must be completed under oath at the end of a specified time). Your attorney will also write down the severity of the physical mental, emotional, or psychological injuries you've sustained, and any other damages that could be sought, including the amount of medical expenses you are currently and in the future, property damage, and lost wages.

Your lawyer will consult with other experts, such as medical specialists, mechanics, and engineers. These experts will aid in painting a the vivid image of your crash and the injuries you sustained for the jury.

Your attorney will then start negotiations with the insurance companies in order to resolve your case without trial. If the insurance company fails to offer a fair settlement or doesn't take into consideration your injuries and other damages your case is likely to be heard in court.

While only a few cases go to trial it is important for victims to make a claim as soon as is possible. With time memories fade, witnesses die and evidence is lost and makes it harder to establish a solid claim to receive the maximum amount of compensation. You must also comply with the statute of limitations for your state that can range from 1 to 6 years.

Website: https://vimeo.com/707128955