Phases of an Waseca Auto Accident Law Firm Accident Lawsuit

Car accident injuries can result in significant medical bills, property damage and lost wages. An experienced lawyer can help you receive the compensation that you need.

The procedure varies from case-to-case, however, generally it starts with filing an action. Then comes the discovery phase, trial and any appeals.

Medical Records

Medical records are an essential element of any south bay auto accident law firm accident lawsuit. They will help the judge or jury to determine how the accident has impacted your life, including the emotional, physical and financial costs of your injuries. Medical records can also tell the story that insurance companies will have a difficult to argue.

Based on the laws of your state and your doctor's guidelines You may be granted the time to request medical records from healthcare providers. This is why it is important to contact your lawyer as soon as you can after an accident. Health Information Portability and Accountability Act, or HIPAA is a law that protects your right to access these records. However, this doesn't mean that you or your lawyer are the only ones who are able to look over your medical records. Insurance companies are often keen to find anything that might indicate that your injuries were not pre-existing or not so severe as you say.

Your lawyer will use the medical information you provide to draft the letter of demand that will include evidence in support of the damages you want. It is important to ensure that your lawyer provides relevant medical documents to the insurance company because they could ask you to sign an authorization that allows them to access all of your medical records. This is not beneficial to your claim as it may reveal injuries from the past that are not related to this claim.

Police Reports

Police reports are produced every time a law enforcement officer responds to an emergency and lawsuits also car accidents. Although they cannot be admitted in the courts of law (they are deemed to be hearsay) They are a valuable source of information to attorneys when they are researching and preparing cases.

A police report offers an impartial account of the accident that is 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 an important piece of evidence which can help you win a lawsuit in a car accident.

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

You'll need to file a lawsuit against the driver responsible when your medical bills, lost wages, and property damage exceed a certain value. The police report can prove to be a helpful 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 an agreement without ever going to trial. It can take a while to work through the steps before trial and your case might not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all the data they require from you as well as the car accident investigation, they will extend an offer of settlement. To create their initial offer, they'll input all the information and details into a computer program. They'll likely produce a number that's much lower than what you calculated based on your investigation. When insurance companies make settlement offers, they have their own financial interests in the back of their heads.

They'll be looking to reduce the amount they pay in medical bills and other damages. You can fight back by highlighting all the ways that your injuries will affect your life in the near 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're experiencing.

Your lawyer or attorney will then draft a demand letter and then present it to the insurer. This should include all the evidence you have gathered and include witness statements, photographs of your injuries as well as any evidence to support your losses. Also, you'll make an outline of your non-negotiables to ensure you can prevent the insurance company from under-pricing you. After an agreement has been reached, the written settlement agreement will reflect it. It's not uncommon for back-and-forth to take place during these negotiations, but remaining patient will help you achieve a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. Parties may seek medical records, police reports, and witness statements. The parties can also exchange interrogatories which are written questions which have to be answered on an oath within certain times. Your attorney will also document the extent of the physical psychological, emotional, and physical injuries you have suffered, as well as any other damages which could be sought, such as current and projected medical expenses as well as property damage and lost wages.

Your lawyer will talk to other experts, such as medical specialists, mechanics and engineers. These experts can assist the jury get clear information about your injuries and the accident.

Your lawyer will then begin discussions with insurance companies in order to settle your case without trial. If the insurance company is unable to provide you with a fair settlement, or does not take into account your injuries or other damages, your case will likely go to trial.

It is vital that victims file a lawsuit promptly even though very few cases are heard in court. As time passes, memories fade, witnesses die and evidence is lost and it becomes more difficult to make a strong claim for the most compensation. You must also adhere to the statute of limitations for your state which can vary from 1 to 6 year.