Does Technology Make Auto Accident Law Better Or Worse

Phases of an auto accident law firm Accident Lawsuit

Car crash injuries could result in significant medical bills along with property damage and lost wages. An experienced lawyer can assist you get the compensation you need.

The process can vary from case to case but generally it begins with the filing of the complaint. Then comes the discovery phase trial, and any appeals.

Medical Records

Medical records are an essential component of any auto accident lawsuit. They will assist the judge or jury determine how the accident has affected your life, as well as the physical, emotional and financial costs of your injuries. Insurance companies will find it difficult to dispute the story told by medical records.

You might only have a particular amount of time, based on the laws of your state and the policy of your doctor, to obtain medical records. Consult with your lawyer as soon after an accident as is possible. Health Information Portability and Accountability Act (HIPAA) HIPAA ensures that you have the right to access these documents. However, this doesn't mean that you or your lawyer are the only ones who can view your medical records. Insurance companies are generally keen to uncover anything that could suggest your injuries were pre-existing or not as severe as you claim.

Your lawyer will use the medical records you provide to prepare an order letter that includes evidence to justify the damages you are seeking. Your lawyer should only give the relevant medical records to your insurance company. They might request you to allow them to access your entire medical record. This is not in your best interests since it could reveal previous injuries that are not related to the present claim.

Police Reports

Police reports are prepared every time a law enforcement officer responds to an emergency call and also car accidents. Although they're not admissible in court (they are considered to be hearsay) They can provide valuable information to attorneys when investigating an accident and preparing a case.

A police report provides an objective account of what happened in the crash, based upon witness statements and observations regarding the damage to the vehicles as well as weather conditions, drivers and more. It is an important piece of evidence which can help you win an auto accident lawsuit.

You can typically request a copy of the records from the police precinct that handled the investigation. Call their non-emergency line and provide the receipt or incident number to prove your identity. You can also request copies of records on the police department's website.

If your medical bills and property damage as well as lost wages reach a certain amount, you'll need to start a lawsuit against the at-fault driver. The police report can be an effective tool for settlement negotiations, particularly in cases where you can prove other driver's responsibility from the evidence provided by the officer. Many cases end up reaching an agreement without going to trial. The process of preparing for trial can be lengthy and your case might not be resolved until a year after filing it.

Insurance Company Negotiations

Once an adjuster has all the information they require from you, and the investigation into the accident, they will extend an offer of settlement. They will put all the information and facts into a computer program to create their initial offer. They will most likely produce a number that is much lower than the one you calculated based on your investigation. When insurance companies offer settlement offers, they've got their own financial interest in the back of their heads.

They'll wish to limit the amount they are required to pay for medical bills and other damages. You can counter by highlighting all the ways your injuries could affect your life in the future. For example, you can point to your mounting medical bills, your diminished earning potential, and the physical and emotional suffering you're experiencing.

Your lawyer or you will then prepare a demand letter and send it to the insurer. This will include all the evidence you have gathered including statements from witnesses, photographs of your injuries, and any documents supporting your losses. You should also make a list of the non-negotiables that will keep the insurance company from undervaluing your claim. Once you have reached an agreement it will be documented in the form of a written settlement agreement. It's common for a back-and-forth to occur during these negotiations, but remaining patient will help you reach an acceptable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. Parties can require medical records or police reports as well as witness statements. They will also send each other interrogatories (written questions that have to be answered under oath by the end of a specified time). Your lawyer will also record the extent of physical mental, emotional, or psychological injuries you have suffered, as well as any other damages that might be sought, including future and current medical expenses or property damage, as well as lost wages.

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

Your lawyer will begin negotiations with insurance companies to try to resolve your claim without trial. However, if the insurance company offers you a small settlement or fails to take your injuries and other damages into account the case will go to trial.

It is essential that victims file a suit as soon as they can even though very few cases will ever make it to court. Over time memories fade, witnesses pass away and evidence is lost which makes it more difficult to file a convincing claim to receive the maximum amount of compensation. You must also follow your state's statute of limitations which can vary between 1 and 6 years.