Phases of an auto accident Lawsuits (
http://www.huenhue.Net/) Accident Lawsuit
Damage to property, medical bills and lost wages could be significant after an
auto accident law firms accident. An experienced attorney can assist you in obtaining the justice you deserve.
The process can vary from case to case but usually begins with the filing of an accusation. Then follows the discovery phase along with any appeals.
Medical Records
Medical records are an essential element in any auto accident case. They will help a judge or jury understand the impact of the accident on your life. This includes the emotional, financial physical, and emotional expenses. Medical records will also provide an account that insurance companies will have a tough time disputing.
You may only have a specific amount of time, based on the laws in your state and the policies of your doctor to obtain medical records. Consult with your lawyer as soon following an accident as is possible. Health Information Portability and Accountability Act (HIPAA) HIPAA, protects your right to access these records. However, this does not mean that only you or your lawyer are able to examine your medical records. Insurance companies constantly look for evidence that suggests your injuries might not be as serious as you claim or pre-existing.
Your lawyer will use the medical records you provide to draft an order letter that includes evidence to justify the damages you want. Your lawyer must only provide the relevant medical documents to your insurance company. They may ask you to grant them permission to access your complete medical record. This is not in your best interests since it could expose past injuries that are not related to the current claim.
Reports of the Police
Each time a police officer responds to a call for assistance, or an accident, he or she creates a police report. While they cannot be used in the courts of law (they are deemed to be hearsay) they are valuable information to attorneys when they are investigating and preparing their cases.
A police report provides an objective account of what transpired in the crash, based on witness testimonies and the officer's observations about the vehicle's damage the weather, the drivers and more. It is an important piece of evidence that could help you win your lawsuit for car accidents against the defendant.
You can usually request a copy of the records from the precinct responsible for the investigation. Call their non-emergency line and provide an original receipt or an incident number to prove your identity. The police department may have a website where you can request copies of records online.
You'll need to file a suit against the driver at fault when your medical bills, lost wages, and property damage reach the amount of. The police report can be an important tool in settlement negotiations, particularly in cases where you can prove other driver's guilt from the evidence provided by the officer. Many cases end up reaching an agreement without ever going to trial. It can take a while to complete the pre-trial procedures and your case might not be resolved for a long time.
Insurance Company Negotiations
Once an adjuster has all the data they require from you, and the investigation into the car accident, they will extend an offer for settlement. They will then input all the facts and details into a computer program in order to generate their initial offer. They'll likely be able to come up with a figure that's much lower than what you calculated from your research. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.
They will want to limit how much they will have to pay for medical bills and other damages. You can counter by pointing out the ways in which your injuries will negatively impact your life in the future. For example, you can point to your mounting medical bills, your lost earning capacity, and the emotional and physical pain that you're currently experiencing.
Your lawyer or you then draft a demand letter and present it to the insurance company. It should include all the evidence you have collected, including statements from witnesses, photographs of your injuries and any documentation supporting your losses. You should also create an outline of your non-negotiables so you can stop the insurance company from undercutting you. When an agreement has been reached, the written settlement agreement will reflect it. Negotiations are often a back and forth process, but perseverance will ensure a fair settlement.
Legal Advice
Discovery is the next phase of the lawsuit, in which the parties exchange information and evidence. The parties can seek medical records, police reports,
auto Accident lawsuits and witness statements. The parties can also exchange interrogatories that are written questions which must be answered under oath within a certain time. Your lawyer will also record the extent of the physical, emotional, and psychological injuries you've suffered, in addition to any other damages that might be sought, such as current and projected medical expenses as well as property damage and lost wages.
Your lawyer will consult with other experts, like mechanics, medical professionals, and engineers. These experts can assist the jury to get clear information about your accident and injuries.
Your attorney will then start negotiations with insurance companies in order to settle your case without a trial. If the insurance company is unable to offer an equitable settlement or does not consider your injuries or other damages, your case will likely be heard in court.
Although few cases actually go to trial, it is important for victims to file a lawsuit as soon as they can. As time passes memories fade, witnesses pass away, and evidence disappears, making it more difficult to establish a solid claim for the highest amount of compensation. It is also important to adhere to the statute of limitations for your state which can vary between 1 and 6 years.