Phases of an
Auto accident law firms Accident Lawsuit
Injuries from car crashes can lead to significant medical bills, property damage and lost wages. An experienced attorney can help you receive the compensation that you require.
The process may differ from case to case, but generally it begins with the filing of an action. The discovery phase, trial and appeals are the next step.
Medical Records
Medical records are an essential element of any
auto accident attorney accident case. They will assist a judge or jury understand the impact of the accident on your life. This includes the financial, emotional physical and emotional costs. Insurance companies will have a hard time to argue with the information provided by medical records.
According to the laws of your state and your doctor's guidelines, you may have a limited amount of time to request medical documents from healthcare providers. You should consult your lawyer as soon following an accident as it is possible. Health Information Portability and Accountability Act (HIPAA) HIPAA, protects your right to access these documents. This does not mean you or your lawyer are the only ones to view your medical records. Insurance companies are often keen to look for anything that could suggest your injuries were pre-existing or not as severe as you think.
Your lawyer will use the medical information you provide to prepare an order letter that will include evidence in support of the damages you seek. It is crucial to ensure that your lawyer provides relevant medical documents to the insurance company as they may request you to sign an authorization that permits them to access all of your medical records. This is not in your best interests since it could expose past injuries that aren't related to the present claim.
Police Reports
Police reports are produced every time a law enforcement officer responds to an emergency, including car accidents. While they're not admissible in court (they are considered hearsay) however, they provide important information to attorneys when investigating an incident and preparing cases.
A police report provides an independent account of the crash,
auto accident law firms based on the witness' testimony as well as the officer's observations regarding the weather conditions, the drivers, and other factors. It is an important evidence that can aid you in winning a car accident lawsuit.
You can typically request a copy of the records from the precinct responsible for the investigation. Call their emergency line and provide an invoice or an incident number as identification. The police department may also have a website where you can request copies of records online.
When your medical bills and property damage as well as lost wages exceed a certain amount, you will need to file a lawsuit against the driver at fault. The police report is an essential tool in settlement negotiations, especially when you can prove the other driver's responsibility through the observations of the officer. Many cases are settled without going to trial. It can take a while to work through the pre-trial process and your case might not be resolved for a year or more.
Insurance Company Negotiations
Once an adjuster has all of the information they require from you as well as the investigation into the accident, they will extend an offer for settlement. They will put all the information and facts into a computer program in order to generate their initial offer. Most likely, they'll come up with a much lower number than you calculated in your research. It's important to remember that insurance companies have their own financial interest in mind when they decide on settlement offers.
They'll want to limit the amount they'll have to pay for your medical expenses and other damage. You can fight back by highlighting all the ways that your injuries will negatively impact your life in the coming years. For instance, you can you can highlight the mounting medical bills and your lost earning potential, as as the mental and physical suffering you're experiencing.
Your lawyer or you will then draft a demand letter and submit it to the insurer. It should include all the evidence you have collected including witness statements, photos of your injuries and any evidence to support your losses. You should also make a list of the non-negotiables that will stop the insurance company from undervaluing your claim. When an agreement is reached and ratified, it will be included in an agreement to settle in writing. Negotiations often involve back and forth process, but remaining patient will aid in achieving 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 that are written questions which have to be answered on the oath within a specified time. In addition, your attorney will document the extent of your physical, emotional and psychological injuries as well as the other damages you may seek to compensate for that are incurred, such as future medical costs, property damage, and lost wages.
Your lawyer will also speak with experts such as medical specialists, mechanics and engineers. These experts can assist the jury get clear information about your accident and injuries.
Finally, your attorney will begin negotiations with insurance companies in order to attempt to settle your claim without trial. However, if the insurance company is willing to offer you an unsatisfactory settlement or does not take your injury and other damages into account your case is likely to progress to trial.
It is important that victims file a lawsuit immediately, even if only a handful of cases will ever make it to court. Over time memories fade, witnesses pass away and evidence is lost which makes it more difficult to make a strong claim for the most compensation. Furthermore, you have to comply with the statute of limitations in your state, which can be anywhere from one to six years.