Phases of an Auto Accident Lawsuit
Damage to property, medical bills and lost wages could be significant following an auto accident lawyer accident. A knowledgeable attorney can help you receive the compensation that you need.
The process varies from case to case however, it generally begins with filing a complaint. The discovery phase, trial, and any appeals follow.
Medical Records
Medical records are a vital component of any Auto Accident Law Firm crash case. They will aid the judge or jury comprehend how the accident affected your life, including the emotional, physical and financial costs of your injuries. Insurance companies will be unable to argue with the information provided by medical records.
You may only have a certain amount of time, contingent on the laws in your state and the policy of your doctor to request medical records. Consult with your lawyer as soon after an accident as it is possible. Health Information Portability and Accountability Act or HIPAA, protects your right to access these medical records. However, this does not mean that only you or your lawyer can see your medical records. Insurance companies are usually keen to find anything that might indicate that your injuries were not pre-existing or not so severe as you say.
Your lawyer will utilize the medical records you provide to create the letter of demand that will include evidence to support the damages you seek. It is crucial to ensure that your lawyer provides relevant medical records to the insurance company, because they could ask you to sign a medical authorization that permits them to access all your medical records. This is not in the best interest of your claim because it could expose past injuries that are not relevant to the claim.
Police Reports
Police reports are produced each time a law enforcement officer responds to an emergency for example, car accidents. While they’re not admissible in court (they are deemed to be hearsay) however, they provide invaluable information to attorneys investigating an accident and creating cases.
A police report offers an independent account of the crash that is based on the witness testimony of the officer and his observations of the weather conditions, drivers, and a variety of other factors. It’s an important piece of evidence which can assist you in winning a lawsuit in a car accident.
You can usually request a copy from the precinct that was responsible for the investigation. Call their emergency line and provide the receipt or incident number as identification. The police department may also have a website on which you can request copies of your records online.
You will need to file a suit against the driver at fault after your medical expenses or lost wages property damage exceed a certain value. The police report can be an effective tool in settlement negotiations, particularly when you can demonstrate that the other driver was at fault based on the officer’s observations. In many cases, however, the parties reach an agreement without ever going to trial. The process of preparing for trial can be lengthy and your case might not be resolved until one year after you file it.
Insurance Company Negotiations
Once an adjuster has all of the information they need from you and the car accident investigation, they will extend a settlement offer. They will then input all the facts and details into a software program to make their initial offer. Most likely, they’ll produce a significantly lower number than you calculated from your investigation. When insurance companies make settlement offers, they’ve got their own financial interest in mind.
They’ll be looking to reduce the amount they have to pay in medical bills and other damages. You can counter by pointing out the many ways that your injuries could affect your life in the future. For instance, you can point to your mounting medical bills, your lost earnings capacity and the emotional and physical suffering you’re going through.
You or your attorney will prepare the letter of demand and then present it to an insurance company. The letter should include all of the evidence that you’ve collected, including witness statements and photos of your injuries. You will also create an outline of the things you will not negotiate to keep the insurance company from undervaluing your claim. After an agreement has been reached and the written settlement contract will reflect it. Negotiations can be a back and forth affair, but perseverance will help you achieve a fair settlement.
Legal Advice
Discovery is the next stage of the lawsuit, during which the parties exchange information and evidence. The parties can request medical records, police reports, and witness statements. The parties can also exchange interrogatories which are written inquiries that must be answered on oath within a certain time. In addition your lawyer will record the extent of your physical emotional and mental injuries as well as the other damages you could seek compensation for such as current and anticipated future medical costs, property damage, and lost wages.
Your lawyer will speak with other experts like mechanics, medical specialists and engineers. These experts will aid in painting a an appealing picture of the crash and the extent of your injuries to the jury.
Your lawyer will begin negotiations with insurance companies in order to attempt to resolve your claim without trial. If the insurance company is unable to provide you with a fair settlement, or doesn’t take into consideration your injuries or other damages, your case is likely to be heard in court.
It is vital that victims file a lawsuit immediately even though very few cases will ever make it to the courtroom. With time, memories fade, witnesses pass away and evidence is lost which makes it more difficult to establish a solid claim for the most compensation. You must also comply with the statute of limitations for your state that can range from 1 to 6 years.
