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The Ultimate Guide To Auto Accident Law
Phases of an Auto Accident Lawsuit

Injuries from car crashes can lead to significant medical bills along with property damage and lost wages. A knowledgeable attorney can assist you in receiving the amount you are due.

The procedure is different depending on the case, but generally starts by filing a complaint. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are an important element in any auto accident lawsuit. They will assist the judge or jury to comprehend how the accident had an impact on your life, including the emotional, physical and financial cost of your injuries. Insurance companies will be unable to argue with the information provided by medical records.

You might only have a limited amount of time, depending on the laws of your state and the policy of your doctor to request medical records. You should consult your lawyer as soon after an accident as is possible. The law protects your access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones who are able to examine your medical records. Insurance companies are usually keen to look for anything that could suggest that your injuries are pre-existing or not as severe as you think.

Your lawyer will utilize the medical records that you supply to write an order letter that will include evidence to support the damages you're seeking. It is essential to ensure that your lawyer provides relevant medical documents to the insurance company as they may ask you to sign a medical authorization that permits them to access all of your medical records. This is not in your best interest since it could expose past injuries that aren't connected to the current claim.

Police Reports

Each time a police officer responds to a request for help, such as an accident, he creates a police report. While auto accident lawyer roswell 're not admissible in court (they are considered hearsay), they do provide important information to attorneys when conducting an investigation and preparing the case.

A police report is an objective account of the accident, based on the witness' testimony as well as the officer's observations regarding the weather conditions, the drivers, and a variety of other factors. It's a vital evidence that can assist you in winning a lawsuit in a car accident.

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

You will need to file a lawsuit against the driver responsible after your medical expenses as well as lost wages and property damage reach a certain value. The police report can be a valuable tool in settlement negotiations, especially when you can establish the other driver's negligence based on observations made by the officer. A lot of cases are settled without having to go to trial. It can take time to complete the steps before trial and your case might not be resolved for a long time.

Insurance Company Negotiations

When the adjuster has all the information they require from you and your automobile accident investigation, he'll make an offer for settlement. They will input all the facts and details into a program that will make their initial offer. Most likely, they'll make a lower number than you calculated based on your study. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to reduce the amount they'll have to pay for your medical expenses and other damages. You are able to fight back if you explain how your injuries will affect your life in future. You can, for example, point out your mounting medical bills and your lost earning potential, as well as the mental and physical suffering you are experiencing.

Your lawyer or you will create a demand letter and then present it to the insurance company. The letter should include all the evidence you've gathered, including witnesses' statements and photographs of your injuries. You'll also prepare an outline of the items you cannot negotiate, so you can stop the insurance company from undercutting you. After an agreement has been reached the written settlement agreement will reflect it. It's normal for a back and forth to take place during these negotiations, but staying patient will help you reach an equitable settlement.

Legal Advice

The next phase in the car lawsuit involving an accident is discovery, in which the parties exchange information and evidence. Parties can seek medical records, police reports and witness statements. The parties will also exchange interrogatories which are written inquiries which must be answered under oath within a certain time. Your attorney will also record the extent of the physical psychological, emotional, and physical traumas you've suffered in addition to any other damages which could be sought out, such as the amount of medical expenses you are currently and in the future as well as property damage and lost wages.

Your lawyer will also consult with experts like medical specialists, mechanics and engineers. These experts will help paint an appealing picture of the crash and the injuries you sustained for the jury.

Your lawyer will begin negotiations with insurance companies in order to attempt to settle your claim without a trial. If the insurance company fails to provide you with an equitable settlement or doesn't take into consideration your injuries and other damages, your case is likely to be heard in court.


It is important that victims file a lawsuit as soon as possible, even though only a few cases are heard in court. As time passes memories fade, witnesses die, and evidence disappears which makes it more difficult to file a convincing claim to receive the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which could range from 1 to 6 years.

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