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20 Things You Need To Be Educated About Auto Accident Law
Phases of an Auto Accident Lawsuit

Car accident injuries can result in substantial medical bills, property damage, and even lost wages. An experienced lawyer can assist you receive the compensation you need.

The process is different from case to case, however, generally it starts with filing an action. This is followed by the discovery phase, trial and any appeals.

Medical Records

Medical records are an essential element of any auto accident lawsuit. They will help a jury or judge know how the injury affected your life, as well as the physical, emotional and financial burdens of your injuries. Medical records will also reveal a story that insurance companies will have a tough to argue.

auto accident attorney muncie may only have a specific amount of time, based on the laws in your state and the policies of your doctor to obtain medical records. This is why you should speak with your lawyer as soon as possible following an accident. The law guarantees access to these records with the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer are able to access your medical records. Insurance companies are always looking for anything that could indicate your injuries may not be the severity you claim or if you have pre-existing injuries.

Your lawyer will use your medical records in order to create a demand letter that will include evidence to support the damages you're seeking. It is important that your lawyer only provides relevant medical documents to the insurance company as they may ask you to sign a medical authorization that allows them to access all of your medical records. This is not in your best interests as it could reveal past injuries that aren't directly related to the present claim.


Reports of the Police

Each time a police officer responds to a request for help, such as an accident, he makes a police report. Although they aren't admissible in a court of law (they are considered to be hearsay) They are a valuable source of information for attorneys who are investigating and preparing cases.

A police report is an objective assessment of what happened during the crash, based on witness statements and the officer's observations regarding the damage to the vehicle, weather conditions, drivers, and so on. It's a crucial piece of evidence that can aid you in winning your car accident lawsuit against the defendant.

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

You will need to file a suit against the driver responsible after your medical expenses as well as lost wages and damages to property reach a certain value. The police report can be a valuable tool during settlement negotiations, especially when you can demonstrate that the other driver was at fault based on the police officer's observations. Many cases end up reaching an agreement without going to trial. It can take time to go through the pre-trial procedures and your case might not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the data they require from you as well as the car accident investigation They will then extend a settlement offer. They will input all the facts and details into a software program to create their initial offer. They'll most likely come up with a number that's much lower than what you calculated based on your investigation. When insurance companies offer settlement offers, they've got their own financial interest in their minds.

They'll want to reduce the amount they'll have to pay for your medical expenses and other damage. You can counter by pointing out the many ways that your injuries will negatively impact your life in the future. For instance, you can refer to your rising medical bills, your diminished earning potential, and the emotional and physical pain you're suffering.

Your lawyer or attorney will then prepare a demand letter and present it to the insurance company. This letter will include all of the evidence that you have gathered including witnesses' statements and photographs of your injuries. Also, you will create a list of the non-negotiables that will keep the insurance company from undervaluing your claim. When an agreement is reached the agreement will be recorded in the form of a written settlement agreement. Negotiations are often a back and forth, however being patient can help you achieve a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which the parties exchange information and evidence. The parties can seek medical records, police reports and witness statements. The parties may also trade interrogatories that are written questions which must be answered under an oath within certain times. Additionally your lawyer will record the extent of your physical emotional and mental injuries as well as the other damages you could seek to compensate for in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will also consult with experts like medical specialists mechanics, engineers and mechanics. These experts will help paint a an accurate picture of the crash and the extent of your injuries to the jury.

Finally, your attorney will begin negotiations with insurance companies in order to attempt to settle your claim with out a trial. If the insurance company provides you with a small settlement or does not take your injuries and other damages into account the case will progress to trial.

Although few cases actually make it to trial, it is vital for the victims to make a claim as soon as is possible. Memories fade, witnesses can pass away, and evidence can be lost in time and it becomes difficult to establish a compelling case for the maximum amount of compensation. In addition, you must abide with the statute of limitations in your state, which can vary from 1 to 6 years.

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