Phases of an
auto accident law firms Accident Lawsuit
Car accident injuries could result in significant medical bills as well as property damage and
auto accident Lawsuit loss of wages. An experienced lawyer can help you in getting the amount of compensation you deserve.
The process may differ depending on the case, but typically, it begins with the filing of the complaint. The discovery phase, trial, and any appeals follow.
Medical Records
Medical records are an important component of any
auto accident law firm accident lawsuit. They will assist jurors or judges to comprehend the impact of the injury on your life. This includes the financial, emotional physical, and emotional expenses. Medical records can also tell an account that insurance companies will have a tough time disputing.
You may only have a certain amount of time, depending on the laws in your state and the policy of your doctor to obtain medical records. You should speak with your lawyer as soon following an accident as it is possible. Health Information Portability and Accountability Act (HIPAA) HIPAA guarantees your right to access these records. However, this doesn't mean that you or your lawyer are the only ones to look over your medical records. Insurance companies constantly look for evidence that could indicate your injuries might not be as severe as you think or if you have pre-existing injuries.
Your lawyer will make use of the medical records you provide to prepare a letter of demand that will include evidence to support the damages you are seeking. It is important that your lawyer only provides relevant medical documents to the insurance company, as they may request you to sign an authorization that allows them to access all your medical records. This is not in your best interest since it could expose past injuries that are not related to the current claim.
Reports of the Police
Police reports are created each time a police officer responds to an emergency call or accident, such as car accidents. Although they aren't admissible in the courts of law (they are deemed to be hearsay) they are valuable information for attorneys when investigating and preparing their cases.
A police report gives an impartial account of the accident, based on the witness testimony of the officer and his observations of the weather conditions,
auto accident lawsuit drivers, and a variety of other factors. It's a vital piece of evidence which can aid you in winning an
auto accident lawsuit.
You can usually request a copy from the precinct that was responsible for the investigation. Call their non-emergency phone number and provide the receipt or incident number for identification. You can also request copies of police reports through the police department's website.
You'll have to file a suit against the person who caused the accident after your medical expenses as well as lost wages and damages to property reach a certain value. The police report is a valuable tool in settlement negotiations, especially when you can establish the other driver's responsibility in the light of observations made by the officer. A lot of cases are settled without having to go to trial. It could take a long time to go through the pre-trial process and your lawsuit might not be resolved for a year or more.
Insurance Company Negotiations
After the adjuster has all of the information they require from you as well as your car accident investigation, they will make an offer of settlement. They will input all the facts and details into a software program to generate their initial offer. They'll most likely arrive at a figure which is significantly lower than the number you calculated based on your research. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.
They'll want to reduce the amount they'll have to pay for medical bills and other damages. You can fight back when you highlight the way your injuries will affect your life in future. For instance, you can point to your mounting medical bills, your decreased earning capacity and the emotional and physical suffering you're going through.
Your lawyer or attorney will create a demand letter and submit it to the insurer. It will contain all the evidence you've gathered including witness statements, photographs of your injuries and any documents supporting your losses. Also, you will create a list of the non-negotiables that will keep the insurance company from undervaluing your claim. Once an agreement is reached and ratified, it will be included in the form of a written settlement agreement. It's normal for a back-andforth to take place during these negotiations, but remaining calm will allow you to reach an acceptable settlement.
Legal Advice
Discovery is the next stage of the lawsuit in which the parties exchange information and evidence. Parties may request medical documents, police reports or witness statements. They will also provide the other interrogatories (written questions that need to be answered under oath by expiration of a specific time). In addition your attorney will provide documentation of the extent of your physical emotional and psychological traumas and the additional damages you could seek compensation for such as current and anticipated future medical costs, property damage, and lost wages.
Your lawyer will talk to other experts like mechanics, medical specialists and engineers. These experts can help the jury get an accurate picture of your injuries and the accident.
Your attorney will then start negotiations with insurance companies in order to resolve your case without trial. If the insurance company provides you with a low amount of money or does not take your injuries and other damages into consideration, your case will likely progress to trial.
While only a few cases go to trial it is crucial for victims to file a lawsuit as soon as they can. With time, memories fade, witnesses die, and evidence disappears which makes it more difficult to establish a solid claim for maximum compensation. You must also comply with the statute of limitations for your state, which can vary from 1 to 6 year.