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

Property damage, medical bills, and lost wages can be substantial after an accident in the car. An experienced attorney can help you get the compensation you require.

The process varies depending on the case, but generally starts by filing a complaint. Then follows the discovery phase along with any appeals.

Medical Records

Medical records are an essential element of any auto accident lawsuit. They will help jurors or judges know how the injury affected your life, as well as the emotional, physical and financial cost of your injuries. Medical records can also tell the story that insurance companies will have a tough to dispute.

You may only have a specific amount of time, depending on the laws of your state and the policies of your doctor to obtain medical records. You should consult your lawyer as soon after an accident as is possible. The law guarantees access to these documents through the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones able to view your medical records. Insurance companies constantly look for evidence that might suggest that your injuries aren't as serious as you claim or pre-existing.


Your lawyer will use the medical information you provide to prepare the letter of demand, which will include evidence in support of the damages you are seeking. It is important that your lawyer only provide relevant medical records 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 since it could expose past injuries that aren't related to the current claim.

Police Reports

Each time a police officer responds to a request for assistance, or an accident, he or she makes a police report. While they're not admissible in court (they are considered hearsay), they do provide important information to attorneys when investigating an accident and preparing the case.

A police report offers an objective account of the accident, based on the witness' testimony and the officer's observations regarding the weather conditions, the drivers, and other factors. It's an important piece of evidence that can aid you in winning your car accident lawsuit against the defendant.

You can typically request a copy from the precinct responsible for the investigation. Call their non-emergency line and provide an invoice or an incident number as identification. You can request copies of your police report on the police department's website.

You'll have to file a lawsuit against the driver at fault once your medical bills as well as lost wages and property damage exceed the amount of. The police report can prove to be a helpful tool during settlement negotiations, particularly when you can prove that the other driver was largely at fault, based on an officer's observations. A lot of cases are settled without going to trial. It could take a long time to go through 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 information they require from you, and the investigation into the accident They will then extend a settlement offer. In order to create their first offer, they'll input all the details and facts into an online program. They'll likely be able to come up with a figure which is significantly lower than the number you calculated from your study. When insurance companies make settlement offers, they've got their own financial interests in mind.

They'll want to reduce the amount they'll need pay for medical bills and other damages. You can counter by highlighting the ways in which your injuries will negatively impact your life going forward. You can, for example, point out your mounting medical bills and your lost earning potential, as being aware of the physical and mental suffering you're experiencing.

auto accident attorney irving or you create the letter of demand and then present it to an insurance company. This will include all the evidence you have gathered including statements from witnesses, photographs of your injuries, and any documents supporting your losses. Also, you will create an outline of the things you will not negotiate to keep the insurance company from undervaluing your claim. Once you have reached an agreement it will be documented in an agreement for settlement in writing. Negotiations can be a back and forth affair, but remaining patient will assist you in negotiating an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which the parties exchange information and evidence. Parties can seek medical records and police reports as well as witness statements. The parties may also exchange interrogatories, which are written questions that must be answered on the oath within a specified time. Your attorney will also record the extent of the physical emotional, psychological, and physical injuries you've sustained, and any other damages that may be sought, such as future and current medical expenses, property damage, and lost wages.

Your lawyer will also talk with experts such as medical specialists mechanics, engineers and mechanics. These experts can assist the jury get an accurate picture of your accident and injuries.

Finally, your attorney will begin negotiations with insurance companies to try to settle your claim without trial. If the insurance company fails to offer you a fair settlement, or does not take into account your injuries and other damages your case will likely go to trial.

Although a small percentage of cases get to trial, it is vital for the victims to file a lawsuit as soon as is possible. As time passes memories fade, witnesses die, and evidence disappears and it becomes more difficult to present a compelling case for the highest amount of compensation. You must also adhere to the statute of limitations for your state which can range between 1 and 6 years.

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