15 Surprising Facts About Auto Accident Law

Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages could be significant after an accident. A knowledgeable attorney can help you receive the compensation that you require.

The procedure can differ from case to case, but typically, it starts with the filing of a complaint. The discovery phase, trial and appeals are the next step.

Medical Records

Medical records are an essential element of any auto accident lawsuit (a fantastic read). They will aid the judge or jury know how the injury affected your life, as well as the emotional, physical and financial consequences of your injuries. Insurance companies will find it difficult to dispute the story told by medical records.

You may only have a specific amount of time, based on the laws in your state and the guidelines of your physician, to request medical records. You should speak with your lawyer as soon after an accident as possible. The law provides access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones able to view your medical records. Insurance companies will often try to find anything that might indicate that your injuries were not pre-existing or not so severe as you say.

Your lawyer will use your medical records to draft a demand letter, which will contain evidence to justify the damages you seek. Your lawyer should only give the relevant medical records to your insurance company. They may request you to allow them to access your entire medical record. This is not in your best interest because it could reveal prior injuries that are not related to the current claim.

Reports of Police

Police reports are produced each time a law enforcement officer responds to an emergency call for example, car accidents. Although they aren't admissible in a court of law (they are considered to be hearsay) they can provide valuable information for attorneys when researching and preparing cases.

A police report is an objective report of what happened during the accident, based on witnesses' statements and observations about the vehicles' damage, weather conditions, drivers and more. It's a vital evidence that can help you win an auto accidents accident lawsuit.

Typically, you can request a copy of your police report from the local police department that was responsible for the investigation by calling their emergency number and supplying an incident or receipt to identify it. You can request copies of your police report through the website of the police department.

After your medical expenses as well as property damage and lost wages are at an amount you can afford, you'll need to bring a lawsuit against the driver at fault. The police report is an essential tool in settlement negotiations, especially if you can prove the other driver's negligence from the evidence provided by the officer. Many cases are settled without having to go to trial. It may take some time to work through the pre-trial steps and your case could not be resolved for a long time.

Insurance Company Negotiations

Once the adjuster has all of the information they need from you and auto accident lawsuit your car accident investigation, they will make an offer for settlement. To make their first offer, they will enter all the information and details into a computer program. Most likely, they'll come up with a much smaller amount than you anticipated from your research. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll want to limit the amount they'll need to pay for your medical bills and other damages. You can counter by pointing out the ways in which your injuries could affect your life in the coming years. For instance, you can highlight your growing medical bills, your diminished earning potential, and the physical and emotional suffering that you're currently experiencing.

You or your lawyer will then prepare a demand letter and send it to the insurance company. This letter should include all of the evidence that you've gathered such as witness statements and photos of your injuries. Also, you will create an outline of the things you will not negotiate to prevent the insurance company from undervaluing your claim. When an agreement is reached it will be documented in a written settlement agreement. It's normal for a back and forth to take place during the negotiation process, but remaining calm will allow you to reach a fair settlement.

Legal Advice

The next step in a car lawsuit involving an accident is discovery. During this process, the parties exchange information and evidence. Parties may request medical records, police reports and witness statements. The parties may also trade interrogatories, which are written questions that have to be answered under the oath within a specified time. Your attorney will also write down the extent of the physical emotional, psychological, and physical injuries you've sustained, as well as any other damages that could be sought, including future and current medical expenses, property damage, and lost wages.

Your lawyer will also confer with experts, such as medical experts as well as mechanics and engineers. These experts can help the jury to get clear information about your accident and injuries.

Your attorney will then start discussions with insurance companies to resolve your case without trial. However, if the insurance company offers a small settlement or does not take your injury and other damages into consideration your case is likely to be heard at trial.

While a small number of cases do get to trial, it is crucial for victims to begin a lawsuit as soon as is possible. With time, memories fade, witnesses die and evidence is lost and it becomes more difficult to present a compelling case for maximum compensation. You must also adhere to the statute of limitations in your state that can range between 1 and 6 years.