A Auto Accident Law Success Story You ll Never Believe
Phases of an Auto Accident Lawsuit
Property damage, medical bills and lost wages could be significant after an auto accident lawsuits accident. An experienced attorney can help to get the compensation you need.
The process can vary from case-to-case, but usually starts with the filing of an action. Then follows the discovery phase, trial and any appeals.
Medical Records
Medical records are an important element of any auto accident lawsuit. They can help jurors or judges to determine the impact of the accident on your life. This includes the financial, emotional physical and emotional costs. Insurance companies will have a hard time to challenge the narrative told by medical records.
Depending on your state's laws and the policies of your doctor In some states, you'll have only a short amount of time to request medical records from your healthcare provider. This is the reason you should speak with your lawyer as soon as you can following an accident. The law protects your access to these documents through the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones who can examine your medical records. Insurance companies are always looking for anything that could indicate your injuries might not be as severe as you think or pre-existing.
Your lawyer will use your medical records in order to prepare a demand letter that will include evidence to support the damages you're seeking. Your lawyer should only provide the relevant medical records to your insurance company. They might request you to allow them to access your entire medical record. This is not the best option for your claim since it could reveal previous injuries that are not connected to the claim.
Police Reports
Each time a police officer responds to a request for help, Auto Accident lawsuit including an accident, he or she produces a report. Although they are not admissible in a court of law (they are deemed to be hearsay) they are valuable information to attorneys in the process of researching and preparing cases.
A police report is an objective report of what happened during the accident, based on witness statements and the officer's observations regarding the damage to the vehicle, weather conditions, drivers and more. It is a crucial evidence that can aid you in winning a car accident lawsuit.
You can usually request a copy of the records from the police precinct that handled the investigation. Call their non-emergency phone number and provide an invoice or an incident number as proof of identification. The police department may have a website where you can request copies of your records online.
When your medical bills and property damage as well as lost wages are at the amount of a certain amount, then you will need 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 prove that the other driver was largely at fault based on the police officer's observations. Many cases are settled without having to go to trial. It can take time to work through the pre-trial process and your case may 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 and investigation, they will make an offer of settlement. To generate their first offer, they'll enter all the details and facts into an online program. Most likely, they'll arrive at a less than the amount you calculated from your investigation. When insurance companies make settlement offers, they have their own financial interests in mind.
They'll want to limit how much they pay in medical bills and other damages. You can counter by pointing out the ways in which your injuries will affect your life going forward. You can, for example mention your increasing medical bills and lost earnings potential, as well as the mental and physical suffering you're experiencing.
Your lawyer or attorney will then prepare a demand letter and present it to the insurance company. The letter should include all the evidence you've collected, including witnesses' statements and photographs of your injuries. Also, you will create a list of non-negotiables to stop the insurance company from undervaluing your claim. When an agreement has been reached and the written settlement contract will reflect it. Negotiations often involve back and forth affair, but perseverance will aid in achieving a fair settlement.
Legal Advice
The next stage in the car accident lawsuit is discovery. During this process, both sides exchange information as well as evidence. Parties can request medical records, police reports and witness statements. The parties can also exchange interrogatories, which are written questions that have to be answered under oath within a certain time. In addition, your attorney will document the extent of your physical, emotional and psychological injuries as well as 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, engineers and mechanics. These experts can help the jury get an accurate picture of your accident and injuries.
Finally, your attorney will begin discussions with insurance companies to attempt to settle your claim without trial. However, if the insurance company offers an unsatisfactory settlement or does not take your injury and other damages into account the case could go to trial.
It is vital that victims file a suit as soon as they can even though very few cases get to the courtroom. Memories fade, witnesses can pass away, and evidence can be lost over time and it becomes difficult to build a strong case for the maximum amount of compensation. In addition, you must abide with the statute of limitations in your state, which could vary from 1 to 6 years.