Phases of an Auto Accident Lawsuit
Car accident injuries could result in significant medical bills along with property damage and lost wages. An experienced lawyer can assist you receive the compensation that you require.
The process can vary depending on the case, but generally it begins with the filing of the complaint. The discovery phase, trial, and any appeals follow.
Medical Records
Medical records are an essential element of any
auto accident lawsuit. They will assist the judge or jury determine how the accident has affected your life, as well as 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 might only have a particular period of time, based on the laws in your state and the guidelines of your physician, to request medical records. This is why you should discuss your legal needs whenever you can following an accident. The law guarantees access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer are able to examine your medical records. Insurance companies constantly look for evidence that could indicate your injuries may not be as severe as you think or pre-existing.
Your lawyer will make use of the medical records you provide to create the letter of demand
auto accident lawsuit that will include evidence to support 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 entire medical record. This is not in the best interest of your claim because it could expose past injuries that are not relevant to the claim.
Reports of the Police
Police reports are produced each time a law enforcement officer responds to an emergency call, including car accidents. Although they cannot be admitted in the courts of law (they are deemed to be hearsay), they provide valuable information to attorneys in the process of investigating and preparing cases.
A police report offers an objective account of the accident that is based on the witness' testimony as well as the officer's observations regarding the weather conditions, drivers, and other aspects. It is an important piece of evidence which can assist you in winning an
auto accident law firm accident lawsuit.
Usually, you can request a copy your police report from the precinct which handled the investigation by calling their emergency number and supplying an incident or receipt to identify the report. The police department may have a website on which you can request copies of the records online.
After your medical expenses or property damage, as well as lost wages are at a certain amount, you'll need to bring a lawsuit against the driver at fault. The police report is an essential tool in settlement negotiations, particularly when you can prove the other driver's responsibility through the observations of the officer. Many cases are settled without having to go to trial. It may take some time to go through the pre-trial steps and your case could not be resolved for a long time.
Insurance Company Negotiations
Once an adjuster has all of the information they require from you as well as the investigation into the accident They will then extend a settlement offer. They will input all the facts and details into a program that will generate their initial offer. Most likely, they'll come up with a much smaller number than what you estimated in your research. When insurance companies offer settlement offers, they have their own financial interest in their minds.
They'll want to reduce the amount they'll have to pay for your medical expenses and other damage. You can fight back by pointing out the many ways that your injuries could affect your life in the near future. You can, for example highlight your growing medical bills and your lost earning potential, as well as the mental and physical suffering you're feeling.
Your lawyer or attorney will create a demand letter and present it to the insurance company. It should include all the evidence you've collected, including witness statements, photos of your injuries, as well as documents that support your losses. Also, you will create a list of non-negotiables to ensure that the insurance company is not undervaluing your claim. When an agreement is reached, it will be reflected in an agreement for settlement in writing. It's common for a back-and-forth to occur during these negotiations, but remaining patient will help you reach an equitable settlement.
Legal Advice
Discovery is the next stage of the lawsuit, in which the parties exchange information and evidence. The parties may seek medical records, police reports, and witness statements. The parties can also exchange interrogatories which are written questions which have to be answered on oath within a certain time. Additionally your lawyer will record the extent of your physical, emotional and psychological injuries as well as the other damages you might seek to compensate for in the future, including current and future medical costs, property damage, and lost wages.
Your lawyer will talk to other experts, such as mechanics, medical experts and engineers. These experts will help paint a an appealing image of the accident and your injuries for the jury.
Your lawyer will then begin negotiations with the insurance companies to resolve your case without trial. However, if the insurance company offers a low amount of money or does not take your injury and other damages into consideration the case could go to trial.
It is important that victims file a lawsuit promptly, even though few cases make it to court. The memories fade, witnesses pass away, and evidence can be lost as time passes and it becomes difficult to present a convincing case to get the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which can be anywhere from one to six years.