Phases of an
Auto Accident law firm Accident Lawsuit
Car crash injuries can result in substantial medical bills, property damage, and even lost wages. An experienced attorney can help to get the compensation you need.
The process can vary from case-to-case, but typically, it starts with the filing of the complaint. The discovery phase, trial and any appeals follow.
Medical Records
Medical records are an essential component of any
auto accident lawyer crash case. They can help the jury or judge know the effects of the accident on your life. This includes the emotional, financial physical, and emotional costs. Medical records will also reveal a story that insurance companies will have a difficult to argue.
According to the laws of your state and the policies of your doctor, you may have a limited amount of time to request medical records from your healthcare provider. You should consult your lawyer as soon following an accident as possible. Health Information Portability and Accountability Act or HIPAA ensures that you have the right to access these records. This does not mean you or your lawyer are the only ones able to access your medical records. Insurance companies are generally keen to look for anything that could suggest that your injuries were pre-existing or not as severe as you think.
Your lawyer will utilize the medical records you provide to create a letter of demand that will include evidence supporting the damages you seek. Your lawyer should only give the relevant medical documents to your insurance company. They might ask you to authorize them to access your complete medical record. This is not the best option for your claim as it may reveal past injuries not related to the claim.
Police Reports
Every time a police official responds to a request for help, such as an accident, he or she prepares a police report. Although they're not admissible in court (they are considered to be hearsay), they do provide valuable information to attorneys investigating an accident and preparing the case.
A police report provides an objective account of the incident from the witness testimony of the officer and his observations of the weather conditions, the drivers, and other elements. It's a vital piece of evidence which can aid in winning an
auto accident lawsuits accident lawsuit.
You can usually request a copy of the records from the precinct that was responsible for the investigation. Call their non-emergency line and provide an original receipt or an incident number as proof of identification. You can also request copies of police reports through the police department's website.
When your medical bills and property damage as well as lost wages exceed the amount of a certain amount, then you'll have to bring a lawsuit against the at-fault driver. The police report can prove to be a helpful tool during settlement negotiations, especially in cases where you can show that the other driver was at fault based on the police officer's observations. A lot of cases are settled without having to go to trial. It could take a long time to go through the pre-trial procedures and your case could not be resolved for a year or more.
Insurance Company Negotiations
Once an adjuster has all the information they require from you and the investigation into the car accident, they will extend an offer for settlement. They will then input all the facts and details into a computer program in order to create their initial offer. They'll probably produce a number which is significantly lower than the number you calculated from your investigation. When insurance companies offer settlement offers, they've got their own financial interests in the back of their heads.
They'll want to limit how much they are required to pay for medical bills and other damages. You can counter by highlighting the ways in which your injuries could affect your life in the future. For instance, you can highlight your growing medical bills, your diminished earning potential, as well as the physical and mental suffering you are experiencing.
Your attorney or you will prepare a letter of demand and present it to an insurer. It should include all the evidence you have gathered such as statements from witnesses, photographs of your injuries, and any evidence to support your losses. Also, you'll make the list of your non-negotiables to ensure you can deter the insurance company from undercutting you. When an agreement is reached it will be documented in an agreement to settle in writing. Negotiations are often a back and forth, however perseverance will assist you in negotiating an equitable settlement.
Legal Advice
The next phase in the car accident lawsuit is discovery, in which both sides exchange information and evidence. Parties can request medical records, police reports, as well as witness statements. The parties may also trade interrogatories, which are written questions that must be answered on oath within a certain time. Additionally the attorney will also document the extent of your physical emotional and psychological traumas and any 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 also speak with experts like medical specialists as well as mechanics and engineers. These experts will help paint a an appealing image of your crash and the extent of your injuries to the jury.
Finally, your attorney will begin discussions with insurance companies to try to settle your claim with out a trial. If the insurance company offers a low amount of money or fails to take your injuries and other damages into account, your case will likely proceed to trial.
It is essential that victims file a suit as soon as they can, even though only a few cases get to court. Over time, memories fade, witnesses die, and evidence disappears and makes it harder to file a convincing claim for maximum compensation. Plus, you must comply with the statute of limitations in your state, which could range from 1 to 6 years.