Notes

This Is The Advanced Guide To Auto Accident Law
Phases of an Auto Accident Lawsuit

Property damage, medical bills, and lost wages can be significant after a car accident. An experienced lawyer can assist you in receiving the amount you are due.

The process varies from case-to-case, however, generally it starts with filing an action. Then comes the discovery phase trial, and any appeals.

Medical Records

Medical records are an important part of any auto accident lawsuit. They can assist jurors or judges understand the impact of the injury on your life. This includes the financial, emotional, and physical costs. Insurance companies will have a hard time to argue with the information provided by medical records.

You may only have a specific period of time, based on the laws in your state and the policies of your doctor to request medical records. Consult with your lawyer as soon following an accident as you can. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these records. This doesn't mean you or your lawyer are the only ones to look over your medical records. Insurance companies constantly look for evidence that suggests your injuries might not be as serious as you claim or pre-existing.

Your lawyer will make use of the medical records that you supply to write the letter of demand, which includes evidence to justify the damages you want. Your lawyer should only provide the relevant medical records to your insurance company. They may require you to give them permission to access your complete medical record. This is not in your best interests as it could reveal past injuries that are not related to the present claim.

Reports of Police

When a police officer responds to a call for assistance, or an accident, he or she makes a police report. Although they cannot be admitted in the courts of law (they are deemed to be hearsay) they can provide valuable information to attorneys when they are conducting investigations and preparing cases.


A police report gives an impartial account of the accident from the witness' testimony as well as the officer's observations of the weather conditions, drivers, and a variety of other factors. It's a crucial piece of evidence that can aid you in winning your lawsuit for car accidents against the defendant.

You can typically request a copy of the records from the police precinct that handled the investigation. Call their non-emergency phone number and provide an original receipt or an incident number to prove your identity. You can also request copies of records through the website of the police department.

After your medical bills as well as property damage and lost wages exceed a certain amount, you'll need to start a lawsuit against the driver who is at fault. The police report can be a valuable tool in settlement negotiations, especially when you can establish the other driver's responsibility based on observations made by the officer. In many cases, however, the parties reach an agreement without going to trial. It could take a long time to complete the pre-trial steps and your case could not be resolved for a year or more.

Insurance Company Negotiations

When the adjuster has all the details they require from you and your automobile accident investigation, he'll make an offer for settlement. They will put all the facts and details into a program that will create their initial offer. auto accident attorney lewisville , they'll produce a significantly lower number than you calculated using your study. When insurance companies make settlement offers, they have their own financial interest in their minds.

They'll want to limit how much they pay in medical bills and other damages. You can fight back when you mention the negative effects your injuries could have on you and impact your life in the future. For instance, you could draw attention to your increasing medical bills, your decreased earnings capacity and the physical and emotional suffering you're suffering.

You or your attorney will create an order letter and then present it to an insurer. 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 will also create an inventory of non-negotiables in order to prevent the insurance company from undervaluing your claim. If an agreement is reached the agreement will be recorded in the form of a written settlement agreement. Negotiations are usually back and forth process, but being patient can assist you in negotiating a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. Parties can require medical records or police reports, as well as witness statements. They can also send any additional interrogatories (written questions that need to be answered under oath before the expiration of a specific time). Additionally your attorney will provide documentation of the extent of your physical emotional and psychological traumas as well as the other damages you could seek compensation for in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will speak with other experts, including medical specialists, mechanics and engineers. These experts can help the jury to get a clear picture of your injuries and the accident.

Your lawyer will begin discussions with insurance companies to try to settle your claim without a trial. If the insurance company fails to provide you with a fair settlement, or does not consider your injuries and other losses, your case is likely to be heard in court.

It is essential that victims file a lawsuit as soon as possible, even though few cases are heard in court. Over time memories fade, witnesses pass away, and evidence disappears which makes it more difficult to present a compelling case for maximum compensation. You must also adhere to the statute of limitations in your state which can range between 1 and 6 years.

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