Phases of an auto accident (
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Property damage, medical bills and lost wages can be significant following an
auto accident attorney accident. An experienced attorney can assist you in getting the amount you are due.
The process can vary from case to case but usually begins with the filing of an action. The discovery phase, trial, and appeals follow.
Medical Records
Medical records are an important part of any auto accident lawsuit. They can help jurors or judges determine how the accident has had an impact on your life, including the physical, emotional and financial burdens of your injuries. Insurance companies will be unable to argue with the information provided by medical records.
Depending on your state's laws and your doctor's guidelines, you may have limited time to request medical records from your healthcare provider. You should consult your lawyer as soon following an accident as you can. The law provides access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer will be able to examine your medical records. Insurance companies are always looking for evidence that could suggest your injuries might not be as serious as you claim or if you have pre-existing injuries.
Your lawyer will use the medical records that you supply to write the letter of demand that will include evidence to support the damages you seek. It is imperative that your lawyer only send relevant medical records to the insurance company since they might ask you to sign a medical authorization that allows them to access all your medical records. This is not the best option for your claim since it could reveal injuries from the past that are not related to the claim.
Reports of the Police
Police reports are produced every time a law enforcement officer responds to an emergency or accident, such as car accidents. While they cannot be used in the courts of law (they are deemed to be hearsay) They are a valuable source of information for attorneys when investigating and preparing cases.
A police report is an objective view of what happened during the crash, based on witness testimonies and the officer's observations about the vehicle's damage and weather conditions, drivers and more. It is a crucial piece of evidence which can help you win an
auto accident lawsuit.
Usually, you can request a copy your police report from the precinct which was responsible for the investigation by calling their non-emergency line and supplying an invoice or incident number to identify the report. The police department may also have a website where you can request copies of the records online.
When your medical bills and property damage as well as lost wages reach a certain amount, you'll have to make a claim against the driver at fault. The police report can be an essential tool in settlement negotiations, especially in cases where you can prove other driver's fault from the evidence provided by the officer. In many cases, however, the parties reach a settlement without ever going to trial. The pre-trial process can be long and your case might not be resolved until a year after you file it.
Insurance Company Negotiations
Once an adjuster has all the information they require from you as well as the investigation into the accident is complete, they will offer an offer for settlement. In order to create their first offer, they'll input all the details and facts into an application on computers. Most likely, they will make a smaller amount than you anticipated based on your study. When insurance companies offer settlement offers, they've got their own financial interest in their minds.
They'll want to limit the amount they'll need pay for your medical expenses and other damages. You can counter by highlighting the many ways that your injuries could affect your life going forward. You can, for example, point out your mounting medical bills and your lost earning potential, as in the mental and physical suffering you are experiencing.
You or your lawyer will prepare a demand form and present it to the insurer. This should include all the evidence you've collected and include witness statements, photographs of your injuries, and any evidence to support your losses. Also, you'll make the list of the items you cannot negotiate, so you can prevent the insurance company from lowballing you. After an agreement has been reached and the written settlement contract will reflect it. It's normal for a back-andforth to occur during the negotiation process, but remaining calm will allow you to reach a fair settlement.
Legal Advice
Discovery is the next phase of the lawsuit, during which the parties exchange information and evidence. Parties may seek medical records, police reports and witness statements. The parties may also exchange interrogatories which are written inquiries which must be answered under an oath within the time limit. Your attorney will also document the extent of the physical mental, emotional, or psychological injuries you have suffered, and any other damages that could be sought out, such as current and projected medical expenses or property damage, as well as lost wages.
Your lawyer will talk to other experts, like mechanics, medical experts and engineers. These experts will help paint an appealing picture of the crash and the injuries you sustained for the jury.
Your lawyer will begin discussions with insurance companies to attempt to resolve your claim without trial. If the insurance company does not provide you with a fair settlement, or does not consider your injuries and other losses, your case is likely to go to trial.
It is vital that victims file a lawsuit promptly even though very few cases are heard in court. With time memories fade, witnesses die, and evidence disappears, making it more difficult to present a compelling case to receive the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which can be anywhere from one to six years.