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

Medical bills, property damage and lost wages may be substantial after an auto accident. A knowledgeable attorney can assist you in getting the compensation you deserve.

The process can vary from case to case, but generally it begins with the filing of an accusation. Then follows the discovery phase along with any appeals.

Medical Records

Medical records are a vital component of any auto crash case. They can help the judge or jury determine how the accident has impacted your life, including the emotional, physical and financial burdens of your injuries. Medical records will also reveal an account that insurance companies will have a tough to argue.

You may only have a certain period of time, based on the laws in your state and the policies of your doctor to obtain medical records. This is the reason you should contact your lawyer as soon as possible after an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA is a law that protects your right to access these records. But, this doesn't mean that only you or your lawyer are able to examine your medical records. Insurance companies constantly look for evidence that suggests that your injuries aren't as serious as you claim or have a pre-existing condition.

Your lawyer will utilize your medical records to draft a demand letter, which will contain evidence to support the damages you are seeking. Your lawyer should only give the relevant medical records to your insurance company. They might require you to give them permission to access your entire medical record. This is not in your best interest since it could expose past injuries that aren't directly related to the current claim.

Police Reports

Each time a police officer responds to a call for help, such as an accident, he prepares a police report. Although they're not admissible in court (they are considered hearsay), they do provide invaluable information to attorneys investigating an incident and preparing cases.

A police report offers an objective account of the incident that is based on the witness' testimony as well as the officer's observations of the weather conditions, the drivers, and other elements. It's an important document that can aid you in winning your car accident lawsuit against the defendant.


Usually you can request a copy your police report from the local police department that was responsible for the investigation by calling their non-emergency number and supplying an incident or receipt to identify it. The police department may have a website where you can request copies online.

After your medical bills or property damage, as well as lost wages reach 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 during settlement negotiations, particularly when you can prove that the other driver was at blame based on the officer's observations. A lot of cases are settled without having to go 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

Once an adjuster has all the data they require from you as well as the car accident investigation They will then extend an offer for settlement. To generate their first offer, they will enter all the information and details into a computer program. They'll likely produce a number that is much lower than the one you calculated based on your investigation. When insurance companies offer settlement offers, they have their own financial interest in their minds.

They will seek to limit the amount they pay in medical bills and other damages. You can fight back by pointing out all the ways that your injuries will impact your life in the future. You could, for instance you can highlight the mounting medical bills, your diminished earning potential, as as the mental and physical pain you're experiencing.

You or your attorney will then draft the letter of demand and submit it to an insurer. auto accident attorneys midland should contain all of the evidence that you've gathered, including witness statements and photos of your injuries. Additionally, you should create a list of non-negotiables to keep the insurance company from undervaluing your claim. Once an agreement is reached, the written settlement agreement will reflect it. Negotiations are often a back and forth process, but staying patient will aid in achieving a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. The parties can request medical records, police reports, and witness statements. They may also send another interrogatories (written questions that have to be answered under oath before the expiration of a specific time). Your attorney will also write down the severity of physical emotional, psychological, and physical traumas you've suffered in addition to any other damages which could be sought out, such as future and current medical expenses or property damage, as well as lost wages.

Your lawyer will also talk with experts such as medical specialists mechanics, engineers and mechanics. These experts can help the jury to get clear information about your accident and injuries.

Your lawyer will begin negotiations with insurance companies to attempt to settle your claim without a trial. If the insurance company is unable to provide you with an equitable settlement or does not take into account your injuries and other losses, your case is likely to go to trial.

It is important that victims file a lawsuit as soon as possible, even though only a few cases get to court. As time passes memories fade, witnesses pass away, and evidence disappears and it becomes more difficult to make a strong claim for the highest amount of compensation. It is also important to adhere to the statute of limitations in your state that can range from 1 to 6 year.

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