Phases of an Auto Accident Lawsuit
Damage to property, medical bills and lost wages could be significant following an
auto accidents accident. An experienced attorney can help you receive the compensation that you require.
The process varies from case-to-case, but generally starts by filing an action. Then comes the discovery phase along with any appeals.
Medical Records
Medical records are an essential part of any
auto accident lawsuit. They will help a jury or judge determine how the accident has impacted your life,
auto accident lawsuit including the physical, emotional and financial consequences of your injuries. Insurance companies will have a hard time to challenge the narrative told by medical records.
You might only have a limited period of time, based on the laws of your state and the policy of your doctor,
Auto Accident Lawsuit to obtain medical records. This is why you should contact your lawyer whenever you can after an accident. The law safeguards your access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your attorney can view your medical records. Insurance companies are always looking for any sign that suggests your injuries may not be as severe as you claim or have a pre-existing condition.
Your lawyer will use your medical records in order to prepare a demand letter which will include evidence to support the damages you seek. It is important that your lawyer only provides relevant medical records to the insurance company because they could ask you to sign a medical authorization that allows them to access all your medical records. This is not beneficial to your claim because it could reveal past injuries not related to this claim.
Reports of the Police
Every time a police official responds to a request for help, including an accident, he creates a police report. Although they're not admissible in court (they are considered hearsay) they can provide valuable information to attorneys conducting an investigation and preparing a case.
A police report is an objective report of what transpired in the crash, based on witness statements and observations about the vehicle's damage and weather conditions, drivers and more. It's an important piece of evidence that can aid in winning an auto accident lawsuit.
You can usually request a copy from the police precinct that handled the investigation. Call their non-emergency phone number and provide an invoice or an incident number for identification. The police department might also have a website where you can request copies of records online.
You will need to file a lawsuit against the person who caused the accident once your medical bills along with lost wages and damages to property reach an amount. The police report is a valuable tool in settlement negotiations, especially in cases where you can prove other driver's responsibility through the observations of the officer. However, many cases reach an agreement without ever going to trial. The pre-trial process can be long and your case may not be resolved until a year after filing it.
Insurance Company Negotiations
When the adjuster has all the information they need from you and your car accident investigation, they will make an offer for settlement. They will enter all the facts and details into a program that will create their initial offer. They'll likely come up with a number which is significantly lower than the number you calculated based on your investigation. When insurance companies make settlement offers, they have their own financial interests in the back of their heads.
They'll be looking to reduce the amount they will have to pay for medical bills and other damages. You can counter by pointing out the ways in which your injuries will impact your life in the future. For instance, you can point to your mounting medical bills, the loss of earnings capacity and the emotional and physical pain you're suffering.
Your lawyer or attorney will then draft a demand letter and present it to the insurer. This letter will include all of the evidence that you have gathered including witness statements and photos of your injuries. You should also create an inventory of your non-negotiables so you can keep the insurance company from undercutting you. When an agreement has been reached the settlement agreement written will reflect it. Negotiations are often a back and forth process, but staying patient will help you achieve an equitable settlement.
Legal Advice
The next stage of the car accident lawsuit is discovery, where both parties exchange information and evidence. The parties can seek medical records, police reports and witness statements. The parties may also exchange interrogatories which are written inquiries that must be answered on an oath within the time limit. Your attorney will also write down the extent of physical mental, emotional, or psychological traumas you've suffered in addition to any other damages that might be sought out, such as the current and anticipated medical expenses along with property damage, lost wages.
Your lawyer will also talk with experts, such as medical experts, mechanics and engineers. These experts can assist the jury get a clear picture of your injuries and accident.
Your attorney will then start discussions with insurance companies in order to resolve your case with no trial. However, if the insurance company is willing to offer you a low settlement or does not take your injury and other damages into account, your case will likely be heard at trial.
It is essential that victims file a lawsuit promptly, even though only a few cases get to the courtroom. The memories fade, witnesses die and evidence can disappear over time making it more difficult to build a strong case for maximum compensation. You must also adhere to your state's statute of limitations, which can vary from 1 to 6 years.