Five Killer Quora Answers To Auto Accident Law

Phases of an Auto Accident Lawsuit

Damage to property, medical bills and lost wages could be substantial after an auto accident law firm accident. An experienced lawyer can help you receive the compensation that you require.

The process can vary from case to case but generally it begins with the filing of an action. This is followed by the discovery phase along with any appeals.

Medical Records

Medical records are an essential part of any auto accident lawsuit. They can help jurors or judges determine how the accident has had an impact on your life, including the emotional, physical and financial cost of your injuries. Insurance companies will be unable to challenge the narrative told by medical records.

You may only have a specific amount of time, depending on the laws of your state and the guidelines of your physician, to request medical records. This is why you should speak with your lawyer as soon as possible following an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA, protects your right to access these records. However, this doesn't mean that you or your lawyer are the only ones who can examine your medical records. Insurance companies are always looking for anything that suggests your injuries may not be as severe as you claim or that you have a pre-existing condition.

Your lawyer will utilize your medical records to create a demand letter which will include evidence to support the damages you are seeking. Your lawyer should only give the relevant medical records to your insurance company. They may require you to give them permission to access your complete medical record. This is not in your best interest since it could expose past injuries that aren't directly related to the current claim.

Police Reports

Police reports are generated every time a law enforcement officer responds to an emergency call for example, car accidents. Although they are not admissible in the courts of law (they are deemed to be hearsay) they are valuable information for attorneys who are conducting investigations and preparing cases.

A police report gives an independent account of the crash that is based on the witness' testimony and the officer's observations regarding the weather conditions, drivers, and a variety of other factors. It is an important piece of evidence which can aid in winning an auto accident lawsuit.

Usually, you can request a copy of your police report from the police station that was responsible for the investigation by calling their emergency number and providing an invoice or incident number to identify it. The police department may have a website where you can request copies of the records online.

When your medical bills, property damage and lost wages are at an amount that is a certain amount, you'll have to bring a lawsuit against the at-fault driver. The police report can be an essential tool in settlement negotiations, particularly if you can prove the other driver's fault through the observations of the officer. But, many cases settle settlements without ever going to trial. It can take time to work through the pre-trial process and your lawsuit might not be resolved for a long time.

Insurance Company Negotiations

Once the adjuster has all of the information he needs from you as well as your car accident investigation, they'll make an offer to settle. To make their first offer, they'll enter all the information and details into a computer program. They'll most likely produce a number which is significantly lower than the number 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'll want to limit the amount they'll need to pay for medical expenses and other damages. You can fight back by highlighting the many ways that your injuries could affect your life in the coming years. You could, for instance, point out your mounting medical bills, your diminished earning potential, as well as the mental and physical pain you're experiencing.

Your lawyer or attorney will then draft a demand letter and send it to the insurer. The letter should include all of the evidence that you've gathered, including witness statements and photos of your injuries. You'll also prepare the list of the items you cannot negotiate, so you can prevent the insurance company from under-pricing you. Once an agreement has been reached the written settlement agreement will reflect it. It's normal for a back and forth to occur during these negotiations, but staying patient will help you achieve an acceptable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which both parties exchange information and evidence. The parties may request medical documents, police reports or witness statements. The parties may also trade interrogatories that are written questions which must be answered under oath within a certain time. Additionally, your attorney will document the extent of your physical emotional and psychological injuries in addition to the other damages that you could be seeking to recover in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will also speak with experts such as medical specialists, mechanics and engineers. These experts will help paint the vivid image of your crash and the extent of your injuries to the jury.

Your lawyer will then begin discussions with the insurance companies to resolve your case with no trial. If the insurance company is unable to provide you with an acceptable settlement or does not take into account your injuries and other damages your case will likely go to trial.

While only a few cases go to trial, it is important for victims to begin a lawsuit as soon as is possible. Memories fade, witnesses pass away, and evidence can be lost in time and make it difficult to build a strong case for the maximum amount of compensation. It is also important to adhere to the statute of limitations for your state which can vary from 1 to 6 year.