20 Fun Facts About Auto Accident Law
Phases of an auto Accident Law firms Accident Lawsuit
Property damage, medical bills and lost wages could be substantial following a car accident. An experienced attorney can help you get the compensation you require.
The procedure is different depending on the case, but generally, it begins with filing a complaint. The discovery phase, trial and appeals are the next step.
Medical Records
Medical records are an important element of any auto accident law firms accident lawsuit. They will assist a jury or judge determine how the accident has affected your life, including the physical, emotional and financial burdens of your injuries. Medical records will also provide an account that insurance companies will have a hard time disputing.
You may only have a certain amount of time, contingent on the laws of your state and the guidelines of your physician, to obtain medical records. This is why you should consult with a lawyer as soon as possible after an accident. Health Information Portability and Accountability Act, or HIPAA is a law that protects your right to access these records. However, this does not mean that you or your lawyer are the only ones to view your medical records. Insurance companies are always looking for anything that could suggest that your injuries aren't the severity you claim or that you have a pre-existing condition.
Your lawyer will use your medical records to prepare a demand letters, which will contain evidence to justify the damages you're seeking. Your lawyer should only supply the relevant medical documents to your insurance company. They may request you to allow them to access your entire medical record. This is not in your best interest since it could expose past injuries that aren't related to the present claim.
Police Reports
Each time a police officer responds to a call for help, such as an accident, he or she produces a report. While they're not admissible in court (they are considered hearsay) however, they provide valuable information to attorneys when investigating an accident and creating cases.
A police report offers an objective account of the incident from the witness' testimony and the officer's observations regarding the weather conditions, drivers, and other aspects. It's a crucial piece of evidence that can help you win your car accident lawsuit against the defendant.
Usually, you can request a copy of your police report from the police station that handled the investigation by calling their non-emergency phone number and supplying a receipt or incident number to identify it. The police department might have a website where you can request copies of the records online.
After your medical expenses, property damage and lost wages are at an amount that is a certain amount, you'll have to start a lawsuit against the at-fault driver. The police report is an important tool in settlement negotiations, particularly when you can establish the other driver's responsibility from the evidence provided by the officer. A lot of cases are settled without having to go to trial. It can take a while to work through the pre-trial procedures and your lawsuit might not be resolved for a long time.
Insurance Company Negotiations
Once an adjuster has all the information they require from you and the car accident investigation is complete, they will offer a settlement offer. They will then input all the information and facts into a computer program to make their initial offer. Most likely, they will produce a significantly smaller amount than you anticipated using your research. It's important to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers.
They'll want to limit the amount they'll need to pay for medical bills and other damage. You can fight back by highlighting the many ways that your injuries will impact your life going forward. For instance, you could point to your mounting medical bills, the loss of earnings capacity and the emotional and physical suffering you're going through.
Your lawyer or you create a demand letter and then present it to the insurance company. The letter should include all the evidence you've gathered such as witnesses' statements and photographs of your injuries. Also, you will create a list of non-negotiables to keep the insurance company from undervaluing your claim. After an agreement has been reached the settlement agreement written will reflect it. It's common for a back-and-forth to occur during these negotiations, but remaining patient will help you reach a fair settlement.
Legal Advice
The next stage of the car lawsuit involving an accident is discovery, during which the parties exchange information and evidence. Parties may seek medical records, police reports and witness statements. The parties may also exchange interrogatories which are written questions that must be answered on an oath within certain times. Your lawyer will also record the severity of physical psychological, emotional, and physical traumas you've suffered in addition to any other damages that might be sought, including future and current medical expenses or property damage, as well as lost wages.
Your lawyer will also talk with experts, such as medical experts mechanics, engineers and mechanics. They will help paint a the vivid picture of the crash and the extent of your injuries to the jury.
Your attorney will then begin discussions with the insurance companies to settle your case without a trial. If the insurance company does not offer you a fair settlement, or doesn't take into consideration your injuries and other damages, your case is likely to be heard in court.
It is vital that victims file a lawsuit as soon as possible, even if only a handful of cases get to the courtroom. As time passes, memories fade, witnesses pass away, and evidence disappears and it becomes more difficult to present a compelling case for maximum compensation. Plus, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.