Five Killer Quora Answers On Auto Accident Law

Phases of an Auto Accident Lawsuit

Medical bills, property damage, and lost wages can be significant following an auto accident attorney accident. An experienced lawyer can help you receive the compensation that you require.

The process may differ from case-to-case, but generally it starts with the filing of the complaint. Then comes the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an important element of any auto accident lawsuit. They will help jurors or judges comprehend the impact of the accident on your life. This includes the financial, emotional, and physical costs. Medical records will also tell an insurance company a story they will have a tough time disputing.

You might only have a limited amount of time, contingent on the laws in your state and the policies of your doctor to obtain medical records. This is why it is important to contact your lawyer immediately following an accident. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these records. This does not mean you or your lawyer are the only ones to examine your medical records. Insurance companies are always looking for anything that might suggest your injuries might not be the severity you claim or that you have a pre-existing condition.

Your lawyer will make use of your medical records to create a demand letter that will include evidence to justify the damages you are seeking. It is important to ensure that your lawyer provides relevant medical documents to the insurance company as they may ask you to sign a medical authorization that allows them to access all of your medical records. This is not in your best interest since it could expose past injuries that aren't directly related to the current claim.

Reports of the Police

Police reports are created every time a law enforcement officer responds to an emergency for example, car accidents. While they're not admissible in court (they are considered hearsay), they do provide invaluable information to attorneys investigating an accident and creating the case.

A police report provides an objective assessment of what happened during the accident, based on witness testimonies and the officer's observations about the vehicles' damage as well as weather conditions, drivers, and so on. It is an important piece of evidence that can help you win an auto accident lawsuit.

You can usually request a copy of the records from the precinct responsible for the investigation. Call their emergency line and provide the receipt or incident number for identification. You can also request copies of records through the department's website.

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 bring a lawsuit against the driver at fault. The police report can prove to be a helpful tool during settlement negotiations, particularly when you can prove that the other driver was at fault based on the officer's observations. A lot of cases are settled without having to go to trial. Pre-trial proceedings can take a long time and your case might not be resolved until a year after you file it.

Insurance Company Negotiations

Once an adjuster has all the data they need from you and the investigation of the car accident is complete, they will offer an offer of settlement. In order to create their first offer, they'll enter all the information and details into a computer program. They'll most likely produce a number which is lower than what you calculated based on your investigation. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They'll want to reduce the amount they'll need pay for medical expenses and other damage. You can fight back if you mention how your injuries will negatively affect your life in future. For example, you can refer to your rising medical bills, your decreased earning capacity and the emotional and physical pain you're suffering.

You or your lawyer will then prepare a demand letter and then present it to the insurer. This letter will include all the evidence you have gathered including witness statements and photos of your injuries. Also, you'll make a list of your non-negotiables, so you can prevent the insurance company from under-pricing you. When an agreement has been reached, the written settlement agreement will reflect it. Negotiations are often a back and forth affair, but being patient can assist you in negotiating an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, in which the parties exchange information and evidence. The parties can seek medical documents, police reports or witness statements. The parties will also exchange interrogatories which are written inquiries which must be answered under an oath within the time limit. In addition your attorney will provide documentation of the extent of your physical emotional and mental injuries and the additional damages you might seek to compensate for that are incurred, such as future medical costs, property damage, and lost wages.

Your lawyer will confer with other experts, such as medical specialists, mechanics and engineers. These experts will help paint a an accurate picture of your crash and the extent of your injuries to the jury.

Then, your lawyer will begin discussions with insurance companies to attempt to resolve your claim without trial. If the insurance company offers a small settlement or fails to take your injuries and other damages into consideration, your case will likely progress to trial.

It is vital that victims file a lawsuit as soon as possible even though very few cases get to court. Memories fade, witnesses disappear and evidence may be lost as time passes making it more difficult to make a strong case for the maximum amount of compensation. You must also follow the statute of limitations for your state that can range from 1 to 6 year.