Phases of an east lansing auto accident attorney Accident Lawsuit

Damage to property, medical bills and lost wages may be significant following an accident in the car. A knowledgeable attorney can help to get the compensation you require.

The procedure is different depending on the case, but generally, it begins with filing a complaint. Then follows the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an important element of any auto accident lawsuit. They will assist a jury or judge comprehend how the accident had an impact on your life, including the physical, emotional and financial costs of your injuries. Medical records will also provide a story that insurance companies will have a difficult to argue.

You may only have a specific amount of time, depending on the laws of your state and the policy of your doctor, to obtain medical records. This is why it is important to contact your lawyer immediately following an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA, protects your right to access these medical records. However, this doesn't mean that you or your lawyer are the only ones who can look over your medical records. Insurance companies are always looking for any sign that could suggest that your injuries aren't as serious as you claim or if you have pre-existing injuries.

Your lawyer will utilize the medical records you provide to create a letter of demand that includes evidence to justify the damages you are seeking. It is important to ensure that your lawyer provides relevant medical records to the insurance company because they could ask you to sign a medical authorization that allows them to access all your medical records. This is not the best option for your claim since it could reveal past injuries not related to the claim.

Reports of the Police

When a police officer responds to a call for help, including an accident, he or she makes a police report. Although they're not admissible in court (they are considered to be hearsay) They can provide important information to attorneys when conducting an investigation and preparing an argument.

A police report provides an objective view of what happened during the accident, based on witness statements and observations regarding the damage to the vehicles as well as weather conditions, drivers, and so on. It is an important piece of evidence that can help you win your car accident lawsuit against the defendant.

You can usually request a copy from the police precinct that handled the investigation. Contact their non-emergency number and provide an invoice or an incident number as identification. The police department may also have a website on which you can request copies of the records online.

After your medical expenses or property damage, as well as lost wages reach the amount of a certain amount, then you'll have to file a lawsuit against the driver who is at fault. The police report can be an effective tool in settlement negotiations, especially when you can demonstrate that the other driver was at fault based on the officer's observations. Many cases are settled without going to trial. It can take time to work through 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 information they require from you and the investigation into the car accident, they will extend a settlement offer. In order to create their first offer, they'll enter all the details and facts into a computer program. Most likely, they'll make a lower number than you calculated in your research. When insurance companies offer settlement offers, they have their own financial interests in mind.

They'll wish to limit the amount they will have to pay for medical bills and other damages. You can fight back by pointing out the ways in which your injuries could affect your life in the near future. For example, you can highlight your growing medical bills, your decreased earnings capacity and the emotional and physical suffering that you're currently experiencing.

You or your attorney will prepare the letter of demand and present it to an insurance company. This letter should include all of the evidence that you've gathered such as witness statements and photos of your injuries. You'll also make a list of the items you cannot negotiate, lawsuit so you can stop the insurance company from negotiating with you. Once you have reached an agreement the agreement will be recorded in the form of a written settlement agreement. It's normal for a back-andforth to occur during the negotiation process, but remaining in the moment will help you get a fair settlement.

Legal Advice

The next phase in the car accident lawsuit is discovery, during which both parties exchange information and evidence. Parties may request medical records and police reports, and witness statements. They will also send each other interrogatories (written questions that must be answered under oath by end of the specified time). Your attorney will also write down the severity of physical emotional, psychological, and physical injuries you have suffered, as well as any other damages that may be sought out, such as current and projected medical expenses as well as property damage and lost wages.

Your lawyer will also speak with experts like medical specialists as well as mechanics and engineers. They will help paint a the vivid picture of the crash and the extent of your injuries to the jury.

Finally, your attorney will begin negotiations with insurance companies in order to attempt to resolve your claim without trial. If the insurance company fails to provide you with a fair settlement or does not take into account your injuries and other damages your case is likely to go to trial.

While only a few cases go to trial it is vital for the victims to file a lawsuit as soon as possible. Memories fade, witnesses can die and evidence can disappear over time making it more difficult to establish a compelling case to get the maximum amount of compensation. You must also follow the statute of limitations for your state, which can vary from 1 to 6 years.