An Easy-To-Follow Guide To Auto Accident Law

Phases of an Auto Accident Lawsuits Accident Lawsuit

Damage to property, medical bills, and lost wages can be significant following an auto accident law firm accident. An experienced lawyer can assist you get the compensation you need.

The procedure can differ depending on the case, but typically, it starts with the filing of a complaint. Then follows the discovery phase trial, and any appeals.

Medical Records

Medical records are a vital part of any auto accident case. They will help the judge or jury to know how the injury affected your life, including the emotional, physical and financial costs of your injuries. Insurance companies will have a hard time to challenge the narrative told by medical records.

You might only have a particular amount of time, depending on the laws in your state and the policy of your doctor, to request medical records. This is why it is important to speak with your lawyer immediately after an accident. The law protects your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones able to access your medical records. Insurance companies are often keen to uncover 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 the letter of demand, which will include evidence in support of the damages you want. It is essential that your lawyer only send relevant medical documents to the insurance company as they may ask you to sign an authorization that allows them to access all your medical records. This is not beneficial to your claim, as it could expose past injuries that are not relevant to this claim.

Reports of Police

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

A police report gives an objective account of the incident that is based on the witness' testimony and the officer's observations regarding the weather conditions, drivers, and other elements. It is a crucial piece of evidence that could help you win a lawsuit in a car accident.

Typically, 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 an incident or receipt to identify the report. The police department may also have a website where you can request copies of the records online.

If your medical bills as well as property damage and lost wages exceed the amount of a certain amount, then you will need to start a lawsuit against the at-fault driver. The police report can be a useful tool during settlement negotiations, particularly when you can prove that the other driver was at fault based on the officer's observations. Many cases are settled without having to go to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until one year after you file it.

Insurance Company Negotiations

When the adjuster has all of the information they need from you and your car accident investigation, they'll make an offer of settlement. To generate their first offer, they'll enter all the information and details into a computer program. Most likely, they'll arrive at a smaller number than what you estimated in your investigation. 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 medical expenses and other damages. You can fight back if point out the negative effects your injuries could have on you and affect your life in the near future. You could, for instance, point out your mounting medical bills and the loss of earning potential, as in the mental and physical suffering you're experiencing.

You or your attorney will prepare an order letter and submit it to an insurance company. The letter should include all the evidence you've gathered such as witnesses' statements and photographs of your injuries. You should also create a list of your non-negotiables to ensure you can prevent the insurance company from negotiating with you. After an agreement has been reached the written settlement agreement will reflect it. Negotiations are usually back and forth, however perseverance will ensure a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which both parties exchange information and evidence. Parties may seek medical documents, police reports or witness statements. The parties will also exchange interrogatories which are written inquiries which have to be answered on an oath within the time limit. Your attorney will also write down the severity of the physical emotional, psychological, and physical injuries you have suffered, and any other damages which could be sought, including current and projected medical expenses, property damage, and lost wages.

Your lawyer will talk to other experts, like mechanics, medical specialists and engineers. These experts can assist the jury to get a clear picture of the injuries and accidents you sustained.

Your attorney will then begin negotiations with the insurance companies to resolve your case without trial. If the insurance company offers an unsatisfactory settlement or fails to take your injuries and other damages into account your case is likely to progress to trial.

It is essential that victims file a lawsuit as soon as possible, even though only a few cases get to the courtroom. Memory fades, witnesses die and evidence can disappear in time making it more difficult to make a strong case to get the maximum amount of compensation. You must also follow the statute of limitations in your state that can range from 1 to 6 years.