A Auto Accident Law Success Story You ll Never Believe
Phases of an Auto Accident Lawsuit
Car accident injuries can result in substantial medical bills, property damage and lost wages. A knowledgeable attorney can help to get the compensation you require.
The procedure is different depending on the 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 in any auto accident lawsuit. They can help jurors or judges to understand the impact of the accident on your life. This includes the emotional, financial physical and emotional costs. Medical records will also tell an account that insurance companies will have a difficult to argue.
You may only have a certain period of time, based on the laws in your state and Auto Accident Lawsuit the policy of your doctor, to request medical records. You should consult your lawyer as soon following an accident as you can. The law provides access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). This doesn't mean you or your lawyer are the only ones able to examine your medical records. Insurance companies are always looking for anything that could indicate your injuries may not be as severe as you think or pre-existing.
Your lawyer will utilize the medical records you provide to draft the letter of demand, which will include evidence in support of the damages you seek. Your lawyer should only give the relevant medical documents to your insurance company. They might require you to give them permission to access your complete medical record. This is not in the best interest of your claim, as it could expose past injuries that are not relevant to the claim.
Reports of the Police
Police reports are prepared each time a police officer responds to an emergency call and also car accidents. While they're not admissible in court (they are deemed to be hearsay), they do provide valuable information to attorneys investigating an accident and creating a case.
A police report is an objective report of what happened during the crash, based upon witness statements and observations regarding the damage to the vehicles and weather conditions, drivers, and so on. It's a vital piece of evidence that can aid in winning an auto accident law firms accident lawsuit.
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 for identification. The police department might have a website on which you can request copies of your records online.
After your medical bills or property damage, as well as lost wages are at an amount that is a certain amount, you'll need to bring a lawsuit against the driver at fault. The police report can be an effective tool for settlement negotiations, especially if you can prove the other driver's fault through the observations of the officer. Many cases are settled without having to go to trial. It could take a long time to complete the steps before trial and your case may not be resolved for a long time.
Insurance Company Negotiations
Once an adjuster has all the information they need from you and the car accident investigation They will then extend a settlement offer. They will put all the information and facts into a computer program in order to make their initial offer. Most likely, they will produce a significantly smaller number than what you estimated from your research. When insurance companies offer settlement offers, they've got their own financial interests in their minds.
They'll want to limit how much they have to pay in medical bills and other damages. You can fight back if you point out the negative effects your injuries could have on you and affect your life in the near future. You can, for example you can highlight the mounting medical bills, your diminished earning potential, as as the mental and physical pain you're experiencing.
Your lawyer or you then prepare a demand letter and submit it to the insurance company. This letter should include all of the evidence that you've gathered such as witnesses' statements and photographs of your injuries. Also, you'll make an inventory of the items you cannot negotiate, so you can deter the insurance company from undercutting you. Once you have reached an agreement it will be documented in a written settlement agreement. It's common for a back-and-forth to occur during these negotiations, but remaining calm will allow you to reach an acceptable settlement.
Legal Advice
Discovery is the next phase of the lawsuit in which the parties exchange information and evidence. Parties can seek medical records and police reports, and witness statements. The parties will also exchange interrogatories which are written questions which have to be answered on an oath within certain times. In addition, your attorney will document the extent of your physical, emotional and psychological injuries and the additional damages you might seek compensation for that are incurred, such as future medical expenses, property damage and lost wages.
Your lawyer will also talk with experts such as medical specialists as well as mechanics and engineers. These experts will aid in painting a an appealing image of the accident and the injuries you sustained for the jury.
Finally, your attorney will begin discussions with insurance companies to try to settle your claim with out a trial. If the insurance company provides you with a low amount of money or does not take your injuries and other damages into consideration, your case will likely proceed to trial.
It is important that victims file a lawsuit as soon as possible, even if only a handful of cases will ever make it to the courtroom. As time passes, auto accident lawsuit memories fade, witnesses die, and evidence disappears and it becomes more difficult to make a strong claim for the highest amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which could range from 1 to 6 years.