Phases of an vista auto accident Attorney (vimeo.com) Accident Lawsuit

Car accident injuries can lead to significant medical bills, property damage and lost wages. An experienced lawyer can assist you get the compensation you require.

The process may differ depending on the case, but generally it starts with the filing of an action. Then comes the discovery phase, trial and any appeals.

Medical Records

Medical records are a vital element of any east bethel auto accident lawsuit accident case. They will aid the judge or jury to understand how the injury has affected your life, including the emotional, physical and financial consequences of your injuries. Medical records will also reveal an account that insurance companies will have a hard to dispute.

You may only have a specific amount of time, based on the laws of your state and the guidelines of your physician, to obtain medical records. This is why you should discuss your legal needs as soon as possible after an accident. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these medical records. But, this doesn't mean that only you or your lawyer are able to examine your medical records. Insurance companies constantly look for evidence that might suggest that your injuries aren't as severe as you think or that you have a pre-existing condition.

Your lawyer will make use of your medical records to create a demand letter that will include evidence to justify the damages you're seeking. Your lawyer should only give the relevant medical records to your insurance company. They may request you to allow them to access your complete medical record. This is not in your best interest because it could reveal prior injuries that are not related to the present claim.

Reports of the Police

Every time a police official responds to a request for help, including an accident, he makes a police report. Although they aren't admissible in a court of law (they are deemed to be hearsay) they are valuable information for attorneys who are investigating and preparing cases.

A police report provides an objective account of the accident which is based on the witnesses' testimony as well as the officer's observations of the weather conditions, the drivers, and other elements. It is a significant piece of evidence that can aid you in winning your lawsuit for car accidents against the defendant.

Typically you can request a copy of your police report from the precinct which was responsible for the investigation by calling their non-emergency number and providing an invoice or incident number to identify it. The police department may have a website on which you can request copies of the records online.

After your medical bills, property damage and lost wages reach a certain amount, you will need to bring a lawsuit against the at-fault driver. The police report can be an important tool in settlement negotiations, particularly in cases where you can prove other driver's responsibility through the observations of the officer. In many cases, however, the parties reach an agreement without ever going to trial. It could take a long time to work through the pre-trial steps and your case could not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all of the information they need from you and the investigation into the car accident, they will extend an offer of settlement. To generate their first offer, they'll enter all the details and facts into an application on computers. Most likely, they'll make a less than the amount you calculated from your research. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.

They will seek to limit the amount they have to pay in medical bills and other damages. You can fight back by highlighting the ways in which your injuries will affect your life in the coming years. For instance, you can highlight your growing medical bills and your lost earnings potential, as well as the mental and physical pain you're experiencing.

Your attorney or you will then prepare the letter of demand and present it to an insurance company. This letter should include all the evidence you've collected, including witness statements and photos of your injuries. Also, you will create an outline of the things you will not negotiate to keep the insurance company from undervaluing your claim. Once an agreement has been reached the written settlement agreement will reflect it. Negotiations often involve back and forth, however staying patient will assist you in negotiating a fair settlement.

Legal Advice

The next stage in the car lawsuit involving an accident is discovery. During this process, the parties exchange information and evidence. The parties can seek medical records, police reports and witness statements. The parties may also trade interrogatories, which are written questions which must be answered under an oath within certain times. In addition your attorney will provide documentation of the extent of your physical emotional and mental injuries and the additional damages you could seek compensation for, including existing and projected future medical costs, property damage, and lost wages.

Your lawyer will talk to other experts like mechanics, medical specialists, and engineers. These experts can assist the jury get an accurate picture of your injuries and the accident.

Your attorney will then begin negotiations with the insurance companies in order to resolve your case with no trial. However, if the insurance company provides you with an unsatisfactory settlement or does not take your injury and other damages into account the case will proceed to trial.

It is important that victims file a lawsuit immediately, even if only a handful of cases will ever make it to the courtroom. Over time memories fade, witnesses die and evidence is lost which makes it more difficult to make a strong claim for the highest amount of compensation. You must also adhere to your state's statute of limitations which can range from 1 to 6 years.