An Easy-To-Follow Guide To Auto Accident Law

Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages may be substantial following an auto accident. An experienced lawyer can assist to get the compensation you need.

The process can vary from case to case but typically, it begins with the filing of a complaint. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are an important element of any auto accident lawsuits accident lawsuit. They will assist a judge or jury know the effects of the accident on your life. This includes the financial, emotional physical and emotional costs. Medical records will also provide a story that insurance companies will have a hard to dispute.

You may only have a specific period of time, based on the laws of your state and the policy of your doctor, to obtain medical records. This is the reason you should contact your lawyer whenever you can after an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA ensures that you have the right to access these records. This doesn't mean you or your lawyer are the only ones to examine your medical records. Insurance companies are generally keen to uncover anything that could indicate that your injuries were not pre-existing or not as severe as you claim.

Your lawyer will utilize the medical records you provide to prepare the letter of demand, which will include evidence in support of the damages you seek. Your lawyer should only provide the relevant medical records to your insurance company. They may require you to give them permission to access your entire medical record. This is not in your best interest since it could expose past injuries that aren't directly related to the current claim.

Police Reports

Police reports are generated every time a law enforcement officer responds to an emergency and also car accidents. Even though they're not admissible in court (they are considered to be hearsay), they do provide valuable information to attorneys conducting an investigation and preparing cases.

A police report provides an independent account of the crash, based on the witness' testimony as well as the officer's observations regarding the weather conditions, the drivers, and other elements. It's an important piece of evidence that could aid you in winning an auto accident lawsuits accident lawsuit.

Typically you can request a copy of your police report from the precinct that was responsible for the investigation by calling their non-emergency line and supplying an invoice or incident number to identify the report. You can also request copies of police reports through the police department's website.

You will need to file a suit against the driver responsible when your medical bills, lost wages, and property damage exceed a certain value. The police report can be a useful tool during settlement negotiations, particularly when you can prove that the other driver was at blame based on the officer's observations. In many cases, however, the parties reach an agreement without going to trial. It could take a long time to work through the pre-trial steps and your case could 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 accident They will then extend a settlement offer. They will input all the facts and details into a computer program in order to make their initial offer. They will most likely produce a number that is much lower than the one you calculated from your research. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to limit how much they have to pay in medical bills and other damages. You can fight back if you explain how your injuries will negatively affect your life in the near future. You can, for example highlight your growing medical bills and your lost earnings potential, as well in the mental and physical suffering you're feeling.

Your lawyer or you will then draft a demand letter and send it to the insurance company. The letter should include all of the evidence that you have gathered including witnesses' statements and photographs of your injuries. Also, you'll make a list of your non-negotiables, so you can deter the insurance company from undercutting you. Once an agreement is reached and ratified, it will be included in a written settlement agreement. Negotiations are often a back and forth affair, but being patient can aid in achieving an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which the parties exchange information and evidence. Parties can request medical records and police reports as well as witness statements. They will also provide another interrogatories (written questions to be answered under oath before the end of a specified time). Your attorney will also document the severity of physical emotional, psychological, and physical injuries you've suffered, as well as any other damages that might be sought, such as the current and anticipated medical expenses along with property damage, lost wages.

Your lawyer will also speak with experts such as medical professionals mechanics, engineers, and mechanics. These experts will aid in painting a the vivid picture of the crash and your injuries for the jury.

Your attorney will then start negotiations with insurance companies in order to settle your case without trial. However, if the insurance company provides you with a low amount of money or does not take your injuries and other damages into consideration the case could go to trial.

It is vital that victims file a suit as soon as they can, even if only a handful of cases are heard in court. Over time, memories fade, witnesses pass away and evidence is lost and it becomes more difficult to establish a solid claim for maximum compensation. Additionally, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.