Phases of an
auto accidents Accident Lawsuit
Property damage, medical bills and lost wages can be substantial following an auto accident. An experienced lawyer can assist to get the compensation you need.
The procedure can differ from case-to-case, but typically, it starts with the filing of an accusation. Then follows the discovery phase along with any appeals.
Medical Records
Medical records are an essential part of any
auto accident lawsuit. They will help the judge or jury know how the injury affected your life, including the physical, emotional and financial cost of your injuries. Insurance companies will find it difficult to refute the story portrayed by medical records.
You might only have a particular amount of time, based on the laws of your state and the policies of your doctor to obtain medical records. You should consult your lawyer as soon after an accident as possible. Health Information Portability and Accountability Act (HIPAA) HIPAA is a law that protects your right to access these documents. However, this doesn't mean that only you or your lawyer can examine your medical records. Insurance companies are generally keen to discover anything that may suggest that your injuries are pre-existing or not as severe as you claim.
Your lawyer will utilize the medical records you provide to draft a letter of demand that will include evidence supporting the damages you are seeking. Your lawyer should only supply the relevant medical documents to your insurance company. They might ask you to grant them permission to access your complete medical record. This is not the best option for your claim because it could reveal past injuries not related to this claim.
Police Reports
Police reports are generated each time a police officer responds to an emergency call and also car accidents. Although they cannot be admitted in the courts of law (they are considered to be hearsay) They are a valuable source of information for attorneys who are researching and preparing cases.
A police report provides an objective account of what transpired in the accident, based on witness statements and observations about the vehicle's damage as well as weather conditions, drivers, and so on. It's a vital piece of evidence that can help you win an auto accident lawsuit.
Usually you can request a copy your police report from the local police department that handled the investigation by calling their non-emergency number and providing an invoice or incident number to identify it. The police department might have a website on which you can request copies of records online.
You will need to file a suit against the driver responsible when your medical bills, lost wages, and property damage reach the amount of. The police report can be an effective tool for settlement negotiations, particularly when you can prove the other driver's negligence based on observations made by the officer. But, many cases settle an agreement without ever going to trial. The pre-trial process can be long and your case might not be resolved until one year after you file it.
Insurance Company Negotiations
When the adjuster has all the information they need from you and your vehicle accident investigation, they will make an offer to settle. They will enter all the facts and details into a program that will create their initial offer. They'll most likely come up with a number that's much lower than what you calculated based on your investigation. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.
They'll want to limit the amount they'll need pay for your medical expenses and other damage. You can counter by highlighting the ways in which your injuries will impact your life in the coming years. For example, you can point to your mounting medical bills, the loss of earnings capacity and the physical and emotional suffering that you're currently experiencing.
You or your attorney will then prepare the letter of demand and present it to an insurer. This letter should include all the evidence you've gathered such as witnesses' statements and photographs of your injuries. Also, you'll make a list of the items you cannot negotiate, so you can deter the insurance company from negotiating with you. When an agreement has been reached the written settlement agreement will reflect it. Negotiations often involve back and forth process, but perseverance will ensure a fair 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. The parties may also exchange interrogatories that are written questions which must be answered under an oath within certain times. Your attorney will also write down the severity of the physical psychological, emotional, and physical injuries you have suffered, as well as any other damages that may be sought out, such as the current and anticipated medical expenses along with property damage, lost wages.
Your lawyer will speak with other experts, such as mechanics, medical professionals and engineers. These experts will help paint an appealing image of your crash and the extent of your injuries to the jury.
Your lawyer will begin negotiations with insurance companies to attempt to settle your claim with out a trial. If the insurance company does not offer you an acceptable settlement or does not consider your injuries and other damages, your case will likely be heard in court.
It is essential that victims file a lawsuit as soon as possible, even if only a handful of cases are heard in the courtroom. As time passes memories fade, witnesses die and evidence is lost and makes it harder to present a compelling case for the highest amount of compensation. You must also follow your state's statute of limitations which can vary between 1 and 6 years.