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20 Best Tweets Of All Time About Auto Accident Law
Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages can be substantial after a car accident. An experienced lawyer can help you in receiving the compensation you deserve.

The procedure is different from case to case however, it generally begins with filing an action. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an important element of any auto accident lawsuit. They will assist a judge or jury comprehend the impact of the injury on your life. This includes the emotional, financial physical, and emotional expenses. Medical records will also provide an insurance company a story they will have a difficult to dispute.

You may only have a certain amount of time, depending on the laws in your state and the policies of your doctor to obtain medical records. This is the reason why you should discuss your legal needs immediately following an accident. The law safeguards your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer are able to access your medical records. Insurance companies will often try to uncover anything that could suggest that your injuries are pre-existing or not so severe as you say.

Your lawyer will use the medical information you provide to prepare an order letter that will include evidence to support the damages you are seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They may require you to give them permission to access your complete medical record. This is not the best option for your claim because it could expose past injuries that are not relevant to this claim.

Police Reports

Every time a police officer responds to a request for assistance, or an accident, he produces a report. Although they're not admissible in court (they are deemed to be hearsay) however, they provide valuable information to attorneys when conducting an investigation and preparing the case.

A police report is an objective report of what happened in the crash, based upon witness statements and observations regarding the damage to the vehicle the weather, the drivers and more. It is a significant evidence piece that can assist you in winning your car accident lawsuit against the defendant.

Typically you can request a copy your police report from the police station that handled the investigation by calling their non-emergency line and supplying an invoice or incident number to identify the report. The police department might have a website on which you can request copies of records online.

You'll have to file a lawsuit against the driver who was at fault when your medical bills or lost wages damages to property reach a certain value. The police report can be a useful tool during settlement negotiations, particularly in cases where you can show that the other driver was at fault based on the police officer's observations. But, many cases settle a settlement without ever going to trial. It can take time to complete the pre-trial procedures and your case might not be resolved for a year or more.

Insurance Company Negotiations

When the adjuster has all of the information they require from you and your vehicle accident investigation, they will make an offer to settle. To generate their first offer, they'll input all the information and details into an online program. Most likely, they will come up with a much smaller amount than you anticipated from your research. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They'll want to reduce the amount they have to pay for your medical bills and other damage. You can fight back if you explain the negative effects your injuries could have on you and impact your life in the coming years. For instance, you could highlight your growing medical bills, your lost earning potential, and the physical and emotional suffering you're suffering.

Your lawyer or you then draft a demand letter and submit it to the insurer. It should include all the evidence you have gathered such as statements from witnesses, photographs of your injuries as well as any documentation supporting your losses. Also, you'll make an outline of your non-negotiables, so you can deter the insurance company from under-pricing you. Once an agreement has been reached the settlement agreement written will reflect it. auto accident lawyer santa ana for a back-and-forth to take place during the negotiation process, but remaining patient will help you achieve a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which the parties exchange information and evidence. Parties may seek medical records, police reports and witness statements. The parties may also exchange interrogatories which are written questions that must be answered on an oath within the time limit. Your lawyer will also record the severity of physical emotional, psychological, and physical injuries you have suffered, in addition to any other damages that may be sought, like future and current medical expenses or property damage, as well as lost wages.


Your lawyer will also confer with experts such as medical specialists as well as mechanics and engineers. These experts will aid in painting a the vivid picture of your crash and the extent of your injuries to 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 offers you a low settlement or does not take your injuries and other damages into consideration your case is likely to be heard at trial.

Although few cases actually get to trial, it is vital for the victims to begin a lawsuit as soon as is possible. Memories fade, witnesses can die and evidence can disappear as time passes and make it difficult to make a strong case for maximum 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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