Phases of an Auto Accident Lawsuit
Car crash injuries can result in substantial medical bills, property damage, and even lost wages. A knowledgeable attorney can assist you in obtaining the compensation you deserve.
The procedure can differ from case to case, but generally it begins with the filing of a complaint. The discovery phase, trial and appeals are the next step.
Medical Records
Medical records are an important part of any auto accident lawsuit. They will assist the jury or judge determine the impact of the accident on your life. This includes the financial, emotional physical, and emotional expenses. Insurance companies will have a hard time to refute the story portrayed by medical records.
You might only have a particular amount of time, based on the laws in your state and the policies of your doctor to obtain medical records. This is why you should speak with your lawyer immediately following an accident. The law provides access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your lawyer can see your medical records. Insurance companies constantly look for evidence that might suggest your injuries may not be the severity you claim or if you have pre-existing injuries.
Your lawyer will make use of the medical records you provide to draft an order letter that includes evidence to justify the damages you seek. It is crucial that your lawyer only send 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 because it could reveal prior injuries that aren’t related to the present claim.
Reports of Police
Every time a police officer responds to a request for help, including an accident, he makes a police report. While they’re not admissible in court (they are considered to be hearsay) They can provide important information to attorneys when investigating an accident and preparing an argument.
A police report is an objective assessment of what happened in the crash, based on witness testimony and observations by the officer regarding the damage to the vehicle and weather conditions, drivers and more. It’s a vital piece of evidence that can aid in winning an auto accident law firms 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 non-emergency phone number and providing the receipt or incident number to identify the report. You can request copies of your police report through the website of the police department.
If your medical bills as well as property damage and lost wages exceed an amount that is a certain amount, you will need to start a lawsuit against the at-fault driver. The police report can be an important tool in settlement negotiations, especially if you can prove the other driver’s fault in the light of observations made by the officer. However, many cases reach an agreement without going to trial. The pre-trial process can be long and your case may not be resolved until one year after filing it.
Insurance Company Negotiations
Once an adjuster has all the data they need from you and the investigation into the accident and investigation, they will make an offer for Auto Accident Lawsuit settlement. They will then input all the information and facts into a computer program in order to create their initial offer. They’ll most likely be able to come up with a figure which is lower than what you calculated from your study. It’s important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.
They will seek to limit the amount they are required to pay for medical bills and other damages. You can counter by highlighting all the ways your injuries could affect your life in the near future. For instance, you can highlight your growing medical bills and lost earning potential, auto accident lawsuit as as the physical and mental suffering you’re experiencing.
Your attorney or you prepare a letter of demand and then present it to an insurance company. The letter should contain all of the evidence that you’ve collected, including witnesses’ statements and photographs of your injuries. Also, you’ll make an inventory of your non-negotiables so you can deter the insurance company from undercutting you. When an agreement has been reached, the written settlement agreement will reflect it. Negotiations often involve back and forth process, but remaining patient will aid in achieving an equitable settlement.
Legal Advice
The next stage in the car lawsuit involving an accident is discovery, in which the parties exchange information and evidence. Parties may request medical records, police reports and witness statements. They will also provide another interrogatories (written questions that need to be answered under oath by the end of the specified time). Your attorney will also record the extent of physical psychological, emotional, and physical injuries you’ve sustained, and any other damages which could be sought, such as current and projected medical expenses as well as property damage and lost wages.
Your lawyer will confer with other experts, such as medical specialists, mechanics and engineers. These experts can help the jury get an accurate picture of your accident and injuries.
Your lawyer will begin discussions with insurance companies to try to settle your claim without a trial. If the insurance company provides you with an unsatisfactory settlement or does not take your injury and other damages into account, your case will likely progress to trial.
It is essential that victims file a lawsuit promptly, even though only a few cases make it to the courtroom. With time memories fade, witnesses die, and evidence disappears and it becomes more difficult to establish a solid claim to receive the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.