Phases of an
auto accident attorneys Accident Lawsuit
Damage to property, medical bills and lost wages may be significant following an accident. An experienced lawyer can assist you in obtaining the amount of compensation you deserve.
The process is different from case-to-case, however, it generally begins with filing an action. Then follows the discovery phase and trial, as well as any appeals.
Medical Records
Medical records are an important element of any
auto accident lawyers accident lawsuit. They can assist a judge or jury comprehend the impact of the injury on your life. This includes the emotional, financial, and physical costs. Medical records will also provide a story that insurance companies will have a hard time disputing.
You may only have a specific period of time, based on the laws in your state and the policy of your doctor, to request medical records. You should consult your lawyer as soon after an accident as it is possible. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these records. This doesn't mean you or your lawyer are the only ones to view your medical records. Insurance companies are usually keen to find anything that might indicate that your injuries were not pre-existing or not so severe as you say.
Your lawyer will use your medical records in order to create a demand letter which will contain evidence to justify the damages you are seeking. 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 your medical records. This is not in the best interest of your claim as it may reveal injuries from the past that are not related to this claim.
Reports of Police
Every time a police officer responds to a call for help, which could include an accident, he produces a report. Although they cannot be admitted in a court of law (they are considered to be hearsay) they can provide valuable information for attorneys when investigating and preparing cases.
A police report is an objective account of what happened during the crash, based on witness testimony and observations by the officer regarding the damage to the vehicle the weather, the drivers and more. It's a vital piece of evidence which can help you win an
auto accident lawsuit.
You can usually request a copy of the records from the precinct that was responsible for the investigation. Call their non-emergency line and provide an invoice or an incident number for identification. The police department may have a website on which you can request copies of the records online.
You'll have to file a lawsuit against the driver who was at fault after your medical expenses or lost wages property damage reach a certain value. The police report can be an important tool in settlement negotiations, especially when you can prove the other driver's negligence through the observations of the officer. A lot of cases are settled without having to go to trial. Pre-trial proceedings can take a long time and your case may not be resolved until a year after filing it.
Insurance Company Negotiations
Once an adjuster has all the data they require from you as well as the investigation of the car accident is complete, they will offer an offer for settlement. To make their first offer, they'll input all the information and details into an application on computers. Most likely, they'll come up with a much lower number than you calculated from your investigation. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.
They'll want to limit the amount they have to pay for your medical expenses and other damages. You can counter by highlighting all the ways your injuries will negatively impact your life going forward. For example, you can draw attention to your increasing medical bills,
Auto Accident Lawsuit the loss of earnings capacity and the emotional and physical pain you're going through.
Your lawyer or you will then draft a demand letter and send it to the insurer. The letter should include all of the evidence that you've gathered, including witnesses' statements and photographs of your injuries. Also, you'll make the list of your non-negotiables to ensure you can keep the insurance company from under-pricing you. After an agreement has been reached, the written settlement agreement will reflect it. It's common for a back-and-forth to take place during these negotiations,
auto Accident lawsuit but staying in the moment will help you get an equitable settlement.
Legal Advice
Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. The parties can request medical records, police reports, and witness statements. The parties may also trade interrogatories, which are written questions that must be answered on the oath within a specified time. Your attorney will also record the extent of physical emotional, psychological, and physical traumas you've suffered in addition to any other damages which could be sought out, such as the amount of medical expenses you are currently and in the future, property damage, and lost wages.
Your lawyer will also confer with experts such as medical specialists, mechanics and engineers. These experts can help the jury get an accurate picture of your injuries and the accident.
Finally, your attorney will begin discussions with insurance companies to attempt to settle your claim without trial. If the insurance company does not offer you a fair settlement, or doesn't take into consideration your injuries and other damages your case will likely go to trial.
While only a few cases go to trial, it is crucial for victims to begin a lawsuit as soon as possible. The memories fade, witnesses disappear and evidence may be lost as time passes and it becomes difficult to establish a compelling case for maximum compensation. Furthermore, you have to comply with the statute of limitations in your state, which can vary from 1 to 6 years.