Phases of an
Auto Accident Lawsuit
Medical bills, property damage and lost wages may be significant after a car accident. A knowledgeable attorney can assist you in getting the compensation you deserve.
The process varies from case to case but generally starts by filing an action. This is followed by the discovery phase along with any appeals.
Medical Records
Medical records are a vital element of any
auto accident lawsuits accident case. They will help a judge or jury determine the impact of the injury on your life. This includes the emotional, financial physical, and emotional expenses. Medical records will also reveal an insurance company a story they will have a hard time disputing.
You may only have a certain amount of time, depending on the laws of your state and the policies of your doctor to obtain medical records. You should speak with your lawyer as soon after an accident as possible. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that you or your lawyer are the only ones to view your medical records. Insurance companies are often keen to find anything that might suggest that your injuries were pre-existing or not as severe as you claim.
Your lawyer will make use of your medical records to draft a demand letter, that will include evidence to justify the damages you are seeking. Your lawyer should only supply the relevant medical documents to your insurance company. They may require you to give them permission to access your complete medical record. This is not beneficial to your claim as it may reveal previous injuries that are not connected to this claim.
Reports of the Police
Each time a police officer responds to a call for help, which could include an accident, he or she produces a report. Although they cannot be admitted in a court of law (they are considered to be hearsay) They are a valuable source of information to attorneys in the process of investigating and preparing cases.
A police report provides an objective account of the accident from the witness' testimony and the officer's observations of the weather conditions, the drivers, and other elements. It is an important piece of evidence that could aid in winning an auto accident lawsuit.
Usually 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 providing a receipt or incident number to identify the report. The police department might also have a website where you can request copies of the records online.
You will need to file a lawsuit against the person who caused the accident after your medical expenses as well as lost wages and property damage exceed an amount. The police report is an effective tool for settlement negotiations, particularly if you can prove the other driver's guilt through the observations of the officer. Many cases end up reaching a settlement without ever going to trial. Pre-trial proceedings can take a long time and your case may not be resolved until one year after you file it.
Insurance Company Negotiations
When the adjuster has all of the information they need from you and your vehicle accident investigation, he'll make an offer to settle. To create their initial offer, they'll enter all the information and details into an application on computers. They will most likely arrive at a figure which is lower than what you calculated from your study. When insurance companies make settlement offers, they've got their own financial interest in mind.
They'll be looking to reduce the amount they pay in medical bills and other damages. You can fight back by highlighting all the ways your injuries could affect your life in the future. For example, you can refer to your rising medical bills, your lost earning capacity and the emotional and
auto accident physical pain you're going through.
Your attorney or you create an official demand letter and present it to an insurance company. This should include all the evidence you've collected such as witness statements, photos of your injuries, as well as documents that support your losses. You should also create a list of the items you cannot negotiate, so you can deter the insurance company from under-pricing you. Once an agreement is reached the written settlement agreement will reflect it. Negotiations can be a back and forth affair, but being patient can ensure a fair settlement.
Legal Advice
Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. Parties may request medical records and police reports as well as witness statements. The parties may also exchange interrogatories, which are written questions which have to be answered on the oath within a specified time. In addition the attorney will also document the extent of your physical emotional and psychological traumas and the additional damages you may be seeking to recover such as current and anticipated future medical costs, property damage, and lost wages.
Your lawyer will also speak with experts like medical specialists mechanics, engineers, and mechanics. These experts will aid in painting a a vivid image of your crash and the injuries you sustained for the jury.
Your lawyer will then start discussions with insurance companies in order to settle your case without a trial. However, if the insurance company is willing to offer you a low amount of money or does not take your injury and other damages into account the case could progress to trial.
While only a few cases make it to trial, it is crucial for victims to begin a lawsuit as soon as they can. Memories fade, witnesses pass away, and evidence can be lost as time passes and make it difficult to present a convincing case to get the maximum amount of compensation. In addition, you must abide with the statute of limitations in your state, which could range from 1 to 6 years.