Phases of an Auto Accident Lawsuit
Property damage, medical bills and lost wages could be substantial following an auto accident. A knowledgeable attorney can assist you in receiving the amount you are due.
The process may differ from case to case, but usually begins with the filing of an action. The discovery phase, trial, and any appeals follow.
Medical Records
Medical records are an essential component of any auto accident lawsuit. They will assist the jury or judge know the effects of the injury on your life. This includes the emotional, financial physical, and emotional costs. Medical records can also tell a story that insurance companies will have a difficult to dispute.
In accordance with the laws of your state and your doctor's policy depending on your state's laws and your doctor's policy, you could have a limited amount of time to request medical records from your healthcare provider. Consult with your lawyer as soon after an accident as you can. Health Information Portability and Accountability Act, or HIPAA, protects your right to access these documents. However, this doesn't mean that only you or your lawyer are able to view your medical records. Insurance companies will often try to uncover anything that could suggest your injuries were pre-existing or not as severe as you claim.
Your lawyer will make use of your medical records to create a demand letter which will include evidence to justify the damages you're seeking. Your lawyer should only supply the relevant medical documents to your insurance company. They might ask you to authorize them to access your entire medical record. This is not in the best interest of your claim, as it could reveal previous injuries that are not connected to the claim.
Reports of the Police
Police reports are generated each time a police officer responds to an emergency call and also car accidents. While they're not admissible in court (they are deemed to be hearsay) however, they provide valuable information to attorneys when investigating an incident and preparing the case.
A police report is an objective assessment of what happened in the crash, based on witness statements and observations regarding the damage to the vehicles, weather conditions, drivers, and so on. It's a crucial piece of evidence that could assist you in winning your car accident lawsuit against the defendant.
You can typically request a copy from the police precinct that handled the investigation. Call their non-emergency phone number and provide a receipt or an incident number for identification. You can request copies of your police report through the police department's website.
After your medical expenses, property damage and lost wages exceed an amount that is a certain amount, you'll have to start a lawsuit against the driver at fault. The police report can prove to be a helpful tool in settlement negotiations, especially in cases where you can show that the other driver was largely at fault, based on an officer's observations. In many cases, however, the parties reach an agreement without ever going to trial. It may take some time to complete the pre-trial steps and your case might not be resolved for a long time.
Insurance Company Negotiations
Once the adjuster has all of the information they need from you and your car accident investigation, they'll make an offer for settlement. auto accident lawsuit sparks will enter all the information and facts into a program that will generate their initial offer. Most likely, they will arrive at a lower number than you calculated based on your investigation. It's important to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers.
They'll want to reduce the amount they'll have to pay for your medical bills and other damage. You can fight back when you highlight the way your injuries will affect your life in future. For instance, you could mention your increasing medical bills and lost earning potential, as well as the physical and mental suffering you are experiencing.
You or your attorney will prepare an official demand letter and then present it to an insurer. It will contain all the evidence you've gathered, including witness statements, photos of your injuries, and any evidence to support your losses. Also, you will create a list of non-negotiables to stop the insurance company from undervaluing your claim. Once an agreement is reached the written settlement agreement will reflect it. It's normal for a back-andforth to occur during the negotiation process, but remaining patient will help you reach a fair settlement.
Legal Advice
Discovery is the next phase of the lawsuit, in which the parties exchange information and evidence. Parties can seek medical documents, police reports or witness statements. The parties will also exchange interrogatories which are written questions that must be answered on the oath within a specified time. Your attorney will also write down the severity of the physical emotional, psychological, and physical injuries you have suffered, in addition to any other damages that might be sought out, such as the current and anticipated medical expenses as well as property damage and lost wages.
Your lawyer will speak with other experts, such as mechanics, medical specialists, and engineers. They will help paint a an accurate picture of the crash and the extent of your injuries to the jury.
Your attorney will then begin discussions with the insurance companies in order to resolve your case with no trial. If the insurance company does not offer you an equitable settlement or does not consider your injuries and other damages your case will likely be heard in court.
While a small number of cases do go to trial it is vital for the victims to make a claim as soon as is possible. Memories fade, witnesses can disappear, and evidence could be lost as time passes and it becomes difficult to build a strong argument for the most compensation. Plus, you must comply with the statute of limitations in your state, which could range from 1 to 6 years.