Phases of an Auto Accident Lawsuit
Damage to property, medical bills and lost wages can be significant after an auto accident. An experienced lawyer can help you in obtaining the amount of compensation you deserve.
The process can vary from case to case but generally, it starts with the filing of a complaint. The discovery phase, trial and any appeals follow.
Medical Records
Medical records are an essential element of any
auto accident lawsuit. They can help jurors or judges understand how the injury has had an impact on your life, including the emotional, physical and financial consequences of your injuries. Insurance companies will be unable to refute the story portrayed by medical records.
Based on the laws of your state and your doctor's guidelines You may be granted a limited amount of time to request medical documents 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). But, this doesn't mean that only you or your attorney can examine your medical records. Insurance companies are always looking for anything that might suggest your injuries might not be as severe as you think or that you have a pre-existing condition.
Your lawyer will utilize your medical records to draft a demand letter, that will include evidence to support the damages you're seeking. It is important that your lawyer only provides relevant medical records to the insurance company since they might ask you to sign an authorization that permits them to access all of your medical records. This is not in your best interest because it could reveal prior injuries that aren't connected to the current claim.
Police Reports
Police reports are produced every time a law enforcement officer responds to an emergency call or accident, such as car accidents. While they cannot be used in a court of law (they are deemed to be hearsay) They are a valuable source of information for attorneys who are investigating and preparing cases.
A police report provides an objective account of what happened in the crash, based upon witness testimony and observations by the officer regarding the damage to the vehicles as well as weather conditions, drivers, and so on. It is a crucial piece of evidence that could aid in winning an
auto accident lawsuit.
You can typically request a copy from the precinct responsible for the investigation. Call their emergency line and provide the receipt or incident number for identification. The police department may also have a website where you can request copies of records online.
When your medical bills as well as property damage and lost wages are at the amount of a certain amount, then you will need to file a lawsuit against the driver who is at fault. The police report can be a useful tool during settlement negotiations, especially in cases where you can show that the other driver was at blame based on the officer's observations. Many cases are settled without having to go to trial. It can take a while to go through the pre-trial steps and your case might not be resolved for a long time.
Insurance Company Negotiations
Once the adjuster has all the information they require from you and your automobile accident investigation, he'll make an offer for settlement. They will then input all the facts and details into a computer program to make their initial offer. Most likely, they'll arrive at a smaller amount than you anticipated using your investigation. When insurance companies make settlement offers, they've got their own financial interests in the back of their heads.
They'll want to reduce the amount they'll need to pay for medical expenses and other damage. You can fight back by highlighting the many ways that your injuries will negatively impact your life in the near future. You can, for example, point out your mounting medical bills and the loss of earning potential, as well as the mental and physical suffering you're feeling.
Your attorney or you create the letter of demand and present it to an insurer. This should include all the evidence you have gathered such as witness statements, photographs of your injuries and any documentation supporting your losses. You will also create a list of non-negotiables to prevent the insurance company from undervaluing your claim. Once you have reached an agreement and ratified, it will be included in the form of a written settlement agreement. Negotiations can be a back and forth affair, but perseverance will assist you in negotiating a fair settlement.
Legal Advice
Discovery is the next phase of the lawsuit in which both parties exchange information and evidence. Parties can request medical records and police reports as well as witness statements. They will also provide another interrogatories (written questions that have to be answered under oath by deadline). Additionally, your attorney will document the extent of your physical emotional and psychological injuries and the additional damages you might seek to compensate for in the future, including current and future medical costs, property damage, and lost wages.
Your lawyer will confer with other experts, such as mechanics, medical specialists, and engineers. These experts will help paint an accurate image of the accident and the injuries you sustained for the jury.
Your attorney will then start discussions with the insurance companies in order to settle your case without a trial. However, if the insurance company offers a low amount of money or does not take your injuries and other damages into consideration, your case will likely proceed to trial.
It is essential that victims file a lawsuit promptly, even if only a handful of cases get to court. The memories fade, witnesses disappear and evidence may be lost over time making it more difficult to establish a compelling case to get the maximum amount of compensation. In addition, you must abide with the statute of limitations in your state, which can be anywhere from one to six years.