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10 Things Everyone Hates About Auto Accident Law
Phases of an Auto Accident Lawsuit

Car accident injuries can result in substantial medical bills along with property damage and lost wages. An experienced lawyer can assist you get the compensation you require.

The process varies from case-to-case, however, generally it starts with filing an action. Then follows auto accident law firm topeka with any appeals.

Medical Records

Medical records are an essential component of any auto crash case. They can help the judge or jury determine how the accident has affected your life, as well as the emotional, physical and financial burdens of your injuries. Insurance companies will have a hard time to argue with the information provided by medical records.

According to the laws of your state and your doctor's guidelines You may be granted a limited amount of time to request medical documents from healthcare providers. You should speak with your lawyer as soon after an accident as possible. The law protects your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer can examine your medical records. Insurance companies are always looking for any sign that might suggest that your injuries aren't as severe as you claim or if you have pre-existing injuries.

Your lawyer will use your medical records to prepare a demand letters, which will include evidence to justify the damages you are seeking. Your lawyer should only provide the relevant medical records to your insurance company. They may ask you to grant them permission to access your complete medical record. This is not in your best interest since it could expose past injuries that aren't directly related to the present claim.

Police Reports


When a police officer responds to a call for help, such as an accident, he or she produces a report. While they're not admissible in court (they are considered to be hearsay) however, they provide valuable information to attorneys investigating an incident and preparing an argument.

A police report is an objective account of the incident from the witness testimony of the officer and his observations of the weather conditions, drivers, and other elements. It is a significant piece of evidence that could aid you in winning your lawsuit for car accidents against the defendant.

You can usually request a copy from the police precinct that handled the investigation. Contact their non-emergency number and provide a receipt or an incident number to prove your identity. The police department may also have a website on which you can request copies of records online.

If your medical bills or property damage, as well as lost wages exceed an amount you can afford, you will need to file a lawsuit against the driver at fault. The police report is an effective tool for settlement negotiations, especially if you can prove the other driver's responsibility in the light of observations made by the officer. A lot of cases are settled without going to trial. It may take some time to complete the pre-trial procedures 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 car accident investigation, they will make an offer for settlement. They will enter all the information and facts into a program that will make their initial offer. Most likely, they will produce a significantly lower number than you calculated using your investigation. When insurance companies make settlement offers, they've got their own financial interest in the back of their heads.

They will wish to limit the amount they are required to pay for medical bills and other damages. You can counter by pointing out the many ways that your injuries will affect your life in the near future. You can, for example, point out your mounting medical bills and the loss of earnings potential, as well in the mental and physical suffering you're experiencing.

Your attorney or you then draft the letter of demand and submit it to an insurance company. This will include all the evidence you've gathered and include witness statements, photographs of your injuries, as well as documents supporting your losses. You'll also prepare a list of your non-negotiables, so you can keep the insurance company from undercutting you. Once an agreement is reached the settlement agreement written will reflect it. It's normal for a back and forth to take place during the negotiation process, but remaining in the moment will help you get an acceptable settlement.

Legal Advice

The next phase in the car lawsuit involving an accident is discovery, during which both sides exchange information and evidence. Parties can request medical records, police reports, and witness statements. They can also send any additional interrogatories (written questions that have to be answered under oath by end of a specified time). Your attorney will also document the extent of the physical emotional, psychological, and physical injuries you've suffered, and any other damages that may be sought out, such as current and projected medical expenses as well as property damage and lost wages.

Your lawyer will confer with other experts, including mechanics, medical experts, and engineers. These experts can assist the jury get a clear picture of the injuries and accidents you sustained.

Finally, your attorney will begin discussions with insurance companies to try to settle your claim with out a trial. If the insurance company fails to offer you a fair settlement or does not consider your injuries and other losses, your case is likely to go to trial.

It is important that victims file a lawsuit immediately, even though few cases get to the courtroom. Over time, memories fade, witnesses pass away, and evidence disappears and it becomes more difficult to establish a solid claim for the highest amount of compensation. Additionally, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.

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