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9 Signs That You're The Auto Accident Law Expert
Phases of an Auto Accident Lawsuit

Damage to property, medical bills, and lost wages can be substantial after an accident. An experienced attorney can help you receive the compensation you require.

The process may differ from case to case, but generally it starts with the filing of the complaint. Then follows the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential element of any auto accident case. They will aid a jury or judge determine how the accident has impacted your life, including the physical, emotional and financial cost of your injuries. Medical records will also tell an insurance company a story they will have a difficult to dispute.

In accordance with the laws of your state and your doctor's policy In some states, you'll have the time to request medical records from your healthcare provider. This is why it is important to contact your lawyer as soon as you can after an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA is a law that protects your right to access these medical records. However, this does not mean that you or your lawyer are the only ones able to access your medical records. Insurance companies are always looking for evidence that suggests your injuries might not be the severity you claim or pre-existing.

Your lawyer will use your medical records to draft a demand letter, that will include evidence to support the damages you seek. Your lawyer should only provide the relevant medical records to your insurance company. They might ask you to grant them permission to access your entire medical record. This is not in your best interest as it could reveal past injuries that aren't connected to the current claim.

Police Reports

Each time a police officer responds to a call for help, such as an accident, he or she creates a police report. Even though they're not admissible in court (they are deemed to be hearsay) they can provide valuable information to attorneys when conducting an investigation and preparing cases.

A police report provides an objective account of what transpired in the accident, based on witness statements and the officer's observations regarding the damage to the vehicle and weather conditions, drivers, and so on. It is a crucial piece of evidence that can aid in winning a lawsuit for car accidents.

You can usually request a copy from the precinct who handled the investigation. Call their non-emergency line and provide a receipt or an incident number as proof of identification. You can also request copies of police reports on the police department's website.

You'll have to file a lawsuit against the driver responsible when your medical bills or lost wages damages to property reach an amount. The police report can be an essential tool in settlement negotiations, particularly in cases where you can prove other driver's guilt based on observations made by the officer. However, many cases reach settlements without ever going to trial. It may take some time to complete 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 data they require from you, and the investigation into the car accident is complete, they will offer an offer of settlement. To create their initial offer, they'll enter all the information and details into an application on computers. They'll probably produce a number that's much lower than what you calculated from your study. It's important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll want to reduce the amount they have to pay for your medical bills and other damages. You can counter by highlighting all the ways your injuries will negatively impact your life in the near future. For example, you can refer to your rising medical bills, the loss of earning capacity and the physical and emotional suffering you're experiencing.

Your lawyer or attorney will prepare a demand form and send it to the insurance company. The letter should contain all of the evidence that you have gathered including witnesses' statements and photographs of your injuries. Also, you'll make the list of your non-negotiables, so you can stop the insurance company from negotiating with you. Once an agreement has been reached and the written settlement contract will reflect it. Negotiations often involve back and forth process, but remaining patient will ensure a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which both parties exchange information and evidence. Parties may require medical records or police reports, and witness statements. auto accident lawyer dallas may also trade interrogatories which are written questions that have to be answered under oath within a certain time. In addition the attorney will also document the extent of your physical emotional and psychological traumas in addition to the other damages you may seek to compensate for in the future, including current and future medical costs, property damage, and lost wages.


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

Finally, your attorney will begin discussions with insurance companies to attempt to resolve your claim without trial. If the insurance company fails to provide you with an equitable settlement or does not take into account your injuries and other damages, your case is likely to be heard in court.

While only a few cases go to trial, it is important for victims to begin a lawsuit as soon as possible. Memories fade, witnesses disappear and evidence may be lost over time and it becomes difficult to build a strong case to get the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.

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