10 Inspirational Graphics About Auto Accident Law

Phases of an auto accident attorney Accident Lawsuit

Property damage, medical bills and lost wages may be substantial following an accident in the car. A knowledgeable attorney can assist you in obtaining the compensation you deserve.

The process is different from case to case, but generally, it begins with filing an action. Then follows the discovery phase and trial, as well as any appeals.

Medical Records

Medical records are an essential part of any auto accident lawsuit. They can assist jurors or judges to understand the impact of the accident on your life. This includes the emotional, financial, and physical costs. Medical records will also tell a story that insurance companies will have a tough to dispute.

You might only have a particular amount of time, contingent on the laws in your state and the policy of your doctor, to obtain medical records. It is recommended to consult with your lawyer as soon following an accident as is possible. Health Information Portability and Accountability Act (HIPAA) HIPAA guarantees your right to access these records. But, this doesn't mean that only you or your lawyer will be able to examine your medical records. Insurance companies are always looking for evidence that might suggest your injuries may not be as serious as you claim or that you have a pre-existing condition.

Your lawyer will utilize your medical records to draft a demand letter, which will include evidence to support the damages you seek. Your lawyer should only provide the relevant medical documents to your insurance company. They may require you to give them permission to access your entire medical record. This is not in the best interest of your claim as it may reveal past injuries not related to the claim.

Police Reports

Police reports are created each time a police officer responds to an emergency call for example, car accidents. While they cannot be used in a court of law (they are deemed to be hearsay), they provide valuable information to attorneys when they are conducting investigations and preparing cases.

A police report is an impartial account of the accident, based on the witness testimony of the officer and his observations regarding the weather conditions, the drivers, and other factors. It's a vital piece of evidence that can aid you in winning an auto accident lawsuit.

Usually you can request a copy your police report from the precinct which was responsible for the investigation by calling their non-emergency line and supplying the receipt or incident number to identify the report. The police department may have a website where you can request copies of records online.

You will need to file a suit against the driver at fault when your medical bills along with lost wages and property damage reach a certain value. The police report can be an important tool in settlement negotiations, especially in cases where you can prove other driver's fault in the light of observations made by the officer. In many cases, however, the parties reach settlements without ever going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until a year after filing it.

Insurance Company Negotiations

After the adjuster has all the information they need from you and your vehicle accident investigation, he will make a settlement offer. To generate their first offer, they'll enter all the information and details into an application on computers. Most likely, they will make a lower number than you calculated from your research. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to limit the amount they have to pay for your medical bills and other damages. You can fight back by highlighting all the ways that your injuries will negatively impact your life in the near future. For example, you can draw attention to your increasing medical bills, your lost earning capacity, and the emotional and physical pain you're suffering.

You or your lawyer will create a demand letter and present it to the insurer. This should include all the evidence you have collected such as witness statements, photographs of your injuries as well as any evidence to support your losses. Also, you'll make an inventory of your non-negotiables to ensure you can keep the insurance company from under-pricing you. When an agreement is reached and ratified, it will be included in an agreement to settle in writing. Negotiations are often a back and forth affair, but staying patient will aid in achieving an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which the parties exchange information and evidence. The parties may request medical records, police reports, and witness statements. They may also send another interrogatories (written questions that need to be answered under oath by the expiration of a specific time). In addition your attorney will provide documentation of the extent of your physical emotional and mental injuries and the additional damages that you could seek compensation for such as current and anticipated future medical expenses, property damage and lost wages.

Your lawyer will consult with other experts, including mechanics, medical experts, and engineers. These experts will aid in painting a an accurate picture of your crash and your injuries for the jury.

Your lawyer will then begin negotiations with the insurance companies in order to resolve your case without trial. However, if the insurance company offers you a low settlement or fails to take your injuries and other damages into account the case will be heard at trial.

It is important that victims file a lawsuit promptly even though very few cases get to the courtroom. The memories fade, witnesses disappear, and evidence could be lost over time making it more difficult to establish a compelling argument for the most compensation. You must also comply with the statute of limitations for your state which can range between 1 and 6 years.