How To Explain Auto Accident Law To Your Boss

Phases of an auto accident lawsuits Accident Lawsuit

Property damage, medical bills, and lost wages can be significant after an accident in the car. A knowledgeable attorney can assist you in obtaining the justice you deserve.

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

Medical Records

Medical records are a vital element of any auto accident law firms accident case. They will help jurors or judges comprehend how the accident affected your life, as well as the physical, emotional and financial costs of your injuries. Insurance companies will be unable to challenge the narrative told by medical records.

You might only have a limited amount of time, based on the laws of your state and the guidelines of your physician, to obtain medical records. This is why it is important to contact your lawyer as soon as you can following an accident. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these medical records. But, this doesn't mean that only you or your lawyer can access your medical records. Insurance companies are usually keen to find anything that might suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will make use of your medical records to prepare a demand letter which will include evidence to justify the damages you seek. It is essential that your lawyer only 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 in your best interest because it could reveal prior injuries that are not related to the current claim.

Police Reports

Each time a police officer responds to a call for help, which could include an accident, he prepares a police report. Although they are not admissible in the courts of law (they are deemed to be hearsay) they can provide valuable information for attorneys when researching and preparing cases.

A police report gives an impartial account of the accident that is based on the witness testimony of the officer and his observations of the weather conditions, the drivers, and other elements. It is a significant piece of evidence that can assist you in winning your car accident lawsuit against the defendant.

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

When your medical bills and auto Accident lawsuits property damage as well as lost wages are at the amount of a certain amount, auto accident lawsuits then you'll have to file a lawsuit against the driver at fault. The police report can be a valuable tool during settlement negotiations, particularly if you can prove that the other driver was largely at fault based on the officer's observations. However, many cases reach an agreement without going to trial. It can take time to work through the pre-trial procedures and your case might not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the data they require from you as well as the investigation of the car accident and investigation, they will make an offer for settlement. They will then input all the information and facts into a program that will make their initial offer. Most likely, they'll come up with a much smaller amount than you anticipated in your study. It's important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.

They'll be looking to reduce the amount they are required to pay for medical bills and other damages. You can counter by pointing out the ways in which your injuries will negatively impact your life in the future. For example, you can highlight your growing medical bills, your diminished earnings capacity and the physical and emotional suffering you're going through.

Your attorney or you will then prepare an order letter and submit it to an insurance company. It should include all the evidence you have gathered and include witness statements, photos of your injuries, and any documents that support your losses. Additionally, you should create a list of non-negotiables to prevent the insurance company from undervaluing your claim. If an agreement is reached, it will be reflected in a written settlement agreement. It's normal for a back and forth to take place during these negotiations, but staying patient will help you reach an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which the parties exchange information and evidence. Parties may request medical documents, police reports or witness statements. They may also send any additional interrogatories (written questions that must be answered under oath by the expiration of a specific time). In addition your attorney will provide documentation of the extent of your physical emotional and mental injuries in addition to the other damages that you could seek compensation for in the future, including current and future medical expenses, property damage and lost wages.

Your lawyer will also consult with experts such as medical professionals as well as mechanics and engineers. They will help paint a an appealing image of your crash and the extent of your injuries to the jury.

Your attorney will then start negotiations with the insurance companies in order to settle your case without a trial. If the insurance company fails to provide you with an acceptable settlement or doesn't take into consideration your injuries and other losses, your case is likely to be heard in court.

Although a small percentage of cases get to trial, it is vital for the victims to start a lawsuit as quickly as possible. Over time, memories fade, witnesses pass away and evidence is lost which makes it more difficult to file a convincing claim for the highest amount of compensation. Plus, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.