Phases of an
auto accident Law firm Accident Lawsuit
Property damage, medical bills and lost wages may be significant after an
auto accident lawsuits accident. An experienced attorney can help to get the compensation you need.
The procedure can differ from case to case but generally it begins with the filing of the complaint. The discovery phase, trial, and any appeals follow.
Medical Records
Medical records are a vital component of any auto crash case. They can help the judge or jury know how the injury impacted your life, including the emotional, physical and financial burdens of your injuries. Insurance companies will have a hard time to dispute the story told by medical records.
You may only have a specific period of time, based on the laws in your state and the policy of your doctor, to obtain medical records. You should consult your lawyer as soon following an accident as you can. The law provides access to these documents through 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 are always looking for anything that suggests that your injuries aren't the severity you claim or that you have a pre-existing condition.
Your lawyer will make use of your medical records to prepare a demand letters, that will include evidence to justify the damages you're seeking. Your lawyer must 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 interests since it could reveal previous injuries that aren't related to the current claim.
Reports of Police
Every time a police officer responds to a call for help, such as an accident, he or
Auto accident law Firm she produces a report. Although they aren't admissible in the courts of law (they are considered to be hearsay) they are valuable information to attorneys when they are investigating and preparing cases.
A police report provides an objective view of what transpired in the crash, based upon witness statements and observations regarding the damage to the vehicle as well as weather conditions, drivers and more. It's a crucial document that can aid you in winning your lawsuit for car accidents against the defendant.
Typically, you can request a copy your police report from the local police department that handled the investigation by calling their non-emergency number and
auto accident law firm supplying an incident or receipt to identify the report. You can request copies of the report through the police department's website.
After your medical expenses and property damage as well as lost wages are at an amount you can afford, you'll need to file a lawsuit against the at-fault driver. The police report can be an essential tool in settlement negotiations, particularly in cases where you can prove other driver's responsibility in the light of observations made by the officer. However, many cases reach an agreement without going to trial. It can take a while to complete the pre-trial procedures and your case may not be resolved for a long time.
Insurance Company Negotiations
Once an adjuster has all of the information they require from you, and the investigation of the car accident is complete, they will offer an offer of settlement. To make their first offer, they will enter all the details and facts into a computer program. They'll probably come up with a number that is much lower than the one 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 limit how much they are required to pay for medical bills and other damages. You can counter by highlighting all the ways that your injuries could affect your life in the coming years. For instance, you could refer to your rising medical bills, your diminished earning potential, and the emotional and physical suffering that you're currently experiencing.
You or your lawyer will then prepare a demand letter and then present it to the insurance company. This should include all the evidence you've gathered including witness statements, photos of your injuries and any documents that support your losses. You should also create an inventory of your non-negotiables, so you can stop 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 perseverance will assist you in negotiating an equitable settlement.
Legal Advice
Discovery is the next phase of the lawsuit, in which both parties exchange information and evidence. The parties may seek medical records, police reports, and witness statements. The parties may also trade interrogatories which are written questions which have to be answered on an oath within the time limit. Your attorney will also write down the severity of physical, emotional, and psychological injuries you have suffered, in addition to any other damages that could be sought, including future and current medical expenses or property damage, as well as lost wages.
Your lawyer will speak with other experts like mechanics, medical professionals and engineers. These experts can assist the jury get an accurate picture of your injuries and accident.
Then, your lawyer will begin negotiations with insurance companies in order to attempt to settle your claim without trial. If the insurance company offers a small settlement or fails to take your injuries and other damages into consideration the case will go to trial.
Although few cases actually go to trial it is essential for victims to begin a lawsuit as soon as possible. Over time memories fade, witnesses die, and evidence disappears which makes it more difficult to establish a solid claim for the most compensation. In addition, you must abide with the statute of limitations in your state, which could vary from 1 to 6 years.