Phases of an Auto Accident Lawsuit
Injuries from car crashes can result in significant medical bills as well as property damage and loss of wages. An experienced lawyer can help you in getting the compensation you deserve.
The procedure can differ from case to case, but generally, it starts with the filing of a complaint. The discovery phase, trial, and appeals are the next step.
Medical Records
Medical records are an essential element in any
auto accident lawsuit. They will aid jurors or judges determine how the accident has affected your life, as well as the emotional, physical and financial consequences of your injuries. Medical records can also tell an account that insurance companies will have a tough time disputing.
In accordance with the laws of your state and your doctor's guidelines, you may have the time to request medical records from healthcare providers. It is recommended to consult with your lawyer as soon following an accident as it is possible. The law protects your access to these documents through the Health Information Portability and Accountability Act (HIPAA). This doesn't mean you or your lawyer are the only ones able to access your medical records. Insurance companies are generally keen to uncover anything that could indicate that your injuries were not pre-existing or not as severe as you claim.
Your lawyer will make use of your medical records to prepare a demand letters, that will include evidence to justify the damages you are seeking. It is crucial that your lawyer only provides relevant medical records to the insurance company because they could ask you to sign an authorization that allows them to access all of your medical records. This is not the best option for your claim as it may reveal past injuries not related to the claim.
Reports of the Police
Police reports are produced every time a law enforcement officer responds to an emergency call, including car accidents. Even though they're not admissible in court (they are deemed to be hearsay) They can provide invaluable information to attorneys investigating an accident and preparing cases.
A police report offers an impartial account of the accident that is based on the witness testimony of the officer and his observations of the weather conditions, drivers, and
auto Accident lawsuit other factors. It's a vital evidence that can aid you in winning an
auto accident lawsuit.
Usually you can request a copy of your police report from the precinct that handled the investigation by calling their non-emergency phone number and supplying an invoice or incident number to identify it. The police department may also have a website on which you can request copies online.
After your medical expenses or property damage, as well as lost wages reach a certain amount, you will need to file a lawsuit against the at-fault driver. The police report can be a valuable tool during settlement negotiations, especially if you can prove that the other driver was largely at fault based on the police officer's observations. In many cases, however, the parties reach a settlement without ever going to trial. The pre-trial process can be long and your case may not be resolved until a year after you file it.
Insurance Company Negotiations
Once an adjuster has all the data they need from you and the investigation into the accident, they will extend an offer for settlement. In order to create their first offer, they will enter all the information and details into an online program. Most likely, they will make a smaller amount than you anticipated using your study. When insurance companies offer settlement offers, they have their own financial interest in the back of their heads.
They'll want to limit the amount they'll need pay for your medical bills and other damage. You are able to fight back if you explain how your injuries will negatively affect your life in future. You could, for instance mention your increasing medical bills and your lost earning potential, as being aware of the physical and mental suffering you're feeling.
Your attorney or you will prepare a letter of demand and submit it to an insurance company. The letter should include all of the evidence that you've gathered such as witness statements and photos of your injuries. Also, you'll make the list of your non-negotiables so you can stop the insurance company from undercutting you. Once an agreement has been reached the settlement agreement written will reflect it. It's not uncommon for back-and-forth to take place during the negotiation process, but remaining calm will allow you to reach an acceptable settlement.
Legal Advice
Discovery is the next phase of the lawsuit in which the parties exchange information and evidence. Parties can request medical records, police reports, as well as witness statements. They may also send any additional interrogatories (written questions that must be completed under oath at the deadline). Your attorney will also record the severity of the physical psychological, emotional,
Auto accident Lawsuit and physical injuries you've sustained, in addition to any other damages that may be sought out, such as current and projected medical expenses or property damage, as well as lost wages.
Your lawyer will confer with other experts, including mechanics, medical professionals, and engineers. These experts will aid in painting a the vivid picture of the crash and the extent of your injuries to the jury.
Your lawyer will begin negotiations with insurance companies to try to settle your claim without a trial. If the insurance company fails to offer a fair settlement, or does not consider your injuries and other losses, your case will likely go to trial.
It is crucial that victims file a suit as soon as they can even though very few cases will ever make it to the courtroom. Over time, memories fade, witnesses die and evidence is lost which makes it more difficult to make a strong claim for the highest amount of compensation. You must also adhere to your state's statute of limitations which can range between 1 and 6 years.