5 Killer Quora Answers To Auto Accident Law

Phases of an Auto Accident Lawsuit

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

The process is different depending on the case, but generally, it begins with filing an action. This is followed by the discovery phase along with any appeals.

Medical Records

Medical records are an essential component of any auto accident lawsuit. They will aid a jury or judge understand how the injury has affected your life, including the emotional, physical and financial consequences of your injuries. Medical records will also tell an insurance company a story they will have a difficult to dispute.

Based on the laws of your state and your doctor's guidelines, you may have the time to request medical documents from healthcare providers. This is the reason why you should discuss your legal needs immediately after an accident. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these medical records. However, this does not mean that only you or your attorney can access your medical records. Insurance companies constantly look for evidence that suggests your injuries might not be the severity you claim or that you have a pre-existing condition.

Your lawyer will use the medical information you provide to draft a letter of demand that will include evidence to support the damages you want. It is essential to ensure that your lawyer provides relevant medical records to the insurance company as they may ask you to sign an authorization that allows them to access all of your medical records. This is not in your best interests since it could reveal previous injuries that are not related to the present claim.

Police Reports

Every time a police official responds to a call for help, which could include an accident, he makes a police report. Although they aren't admissible in the courts of law (they are considered to be hearsay) they can provide valuable information to attorneys when they are conducting investigations and preparing cases.

A police report gives an objective account of the incident from the witness' testimony as well as the officer's observations of the weather conditions, drivers, and other elements. It's an important piece of evidence that can help you win an auto accident law firms accident lawsuit.

Usually, you can request a copy of your police report from the police station that handled the investigation by calling their non-emergency number and providing an invoice or incident number to identify it. You can request copies of your police report through the department's website.

When your medical bills and property damage as well as lost wages are at the amount of a certain amount, then you'll have to start a lawsuit against the at-fault driver. The police report is an essential tool in settlement negotiations, especially in cases where you can prove other driver's responsibility from the evidence provided by the officer. A lot of cases are settled without having to go to trial. It could take a long time to work through the pre-trial procedures and your case could not be resolved for a year or more.

Insurance Company Negotiations

When the adjuster has all the information he needs from you as well as your car accident investigation, he'll make an offer for settlement. To generate their first offer, they'll enter all the information and details into a computer program. Most likely, they'll make a smaller amount than you anticipated using your investigation. When insurance companies offer settlement offers, they've got their own financial interest in mind.

They'll want to reduce the amount they'll need pay for your medical bills and other damage. You can fight back if point out how your injuries will impact your life in the future. For instance, you could refer to your rising medical bills, your diminished earning capacity, and the physical and emotional suffering you're experiencing.

Your attorney or you create an order letter and then present it to an insurer. The letter should contain all the evidence you've gathered such as witness statements and photos of your injuries. You'll also make an inventory of the items you cannot negotiate, so you can stop the insurance company from lowballing you. Once an agreement is reached, it will be reflected in the form of a written settlement agreement. It's not uncommon for back-and-forth to take place during these negotiations, but being calm will allow you to reach a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. Parties may seek medical records and police reports as well as witness statements. The parties will also exchange interrogatories that are written questions which must be answered under an oath within the time limit. Additionally the attorney will also document the extent of your physical emotional and psychological injuries and the additional damages you may seek compensation for, including existing and projected future medical costs, property damage, and lost wages.

Your lawyer will speak with other experts, like mechanics, medical specialists and engineers. They will help paint a an accurate image of the accident and the injuries you sustained for the jury.

Then, your lawyer will begin negotiations with insurance companies to try to settle your claim with out a trial. If the insurance company doesn't offer an acceptable settlement or does not take into account your injuries and other damages your case will likely be heard in court.

Although a small percentage of cases make it to trial, it is vital for the victims to file a lawsuit as soon as they can. As time passes memories fade, witnesses die and evidence is lost and it becomes more difficult to present a compelling case for the highest amount of compensation. In addition, you must abide with the statute of limitations in your state, which could vary from 1 to 6 years.