10 Inspirational Graphics About Auto Accident Law

Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in significant medical bills, property damage and lost wages. An experienced attorney can help you get the compensation you require.

The process is different from case to 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 essential element of any auto accident lawsuit. They will assist jurors or judges understand the impact of the injury on your life. This includes the financial, emotional, and physical costs. Medical records will also reveal an account that insurance companies will have a difficult time disputing.

You may only have a specific amount of time, based on the laws in your state and the policy of your doctor, to obtain medical records. Consult with your lawyer as soon following an accident as it is possible. 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 only you or your lawyer are able to see your medical records. Insurance companies constantly look for evidence that might suggest that your injuries aren't the severity you claim or if you have pre-existing injuries.

Your lawyer will make use of the medical records you provide to draft a letter of demand that will include evidence in support of the damages you seek. Your lawyer should only provide 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 related to the current claim.

Reports of the Police

Each time a police officer responds to a call for help, such as an accident, he prepares a police report. Although they are not admissible in the courts of law (they are deemed to be hearsay) they can provide valuable information for attorneys when conducting investigations and preparing cases.

A police report provides an objective view of what happened in the crash, based upon witness statements and the officer's observations about the vehicle's damage, weather conditions, drivers and more. It's an important piece of evidence that can aid you in winning an auto accident lawsuit.

Usually, you can request a copy your police report from the precinct that handled the investigation by calling their non-emergency line and providing a receipt or incident number to identify the report. The police department may have a website on which you can request copies of records online.

After your medical bills and property damage as well as lost wages exceed the amount of a certain amount, then you'll have to make a claim against the driver who is at fault. The police report can be an effective tool during settlement negotiations, particularly when you can prove that the other driver was largely at fault based on the officer's observations. In many cases, however, the parties reach an agreement without going to trial. It can take a while to go through the pre-trial steps and your case may not be resolved for a year or more.

Insurance Company Negotiations

After the adjuster has all the details they require from you and your car accident investigation, they will make a settlement offer. To generate their first offer, they'll input all the details and facts into a computer program. Most likely, they will make a less than the amount you calculated in your research. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They will wish to limit the amount they are required to pay for medical bills and other damages. You can counter by pointing out the ways in which your injuries will affect your life going forward. You could, for instance mention your increasing medical bills and your lost earning potential, as well as the mental and physical suffering you're experiencing.

Your lawyer or attorney will create a demand letter and then present it to the insurance company. It should include all the evidence you have collected, including witness statements, photographs of your injuries, and any documents supporting your losses. You'll also prepare a list of your non-negotiables so you can prevent the insurance company from undercutting you. Once an agreement has been reached the written settlement agreement will reflect it. Negotiations are usually back and forth, but staying patient will assist you in negotiating an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. Parties may require medical records or police reports and witness statements. They can also send the other interrogatories (written questions that have to be answered under oath before the end of a specified time). Your attorney will also record the severity of physical emotional, psychological, and physical injuries you've sustained, and any other damages that could be sought, including the current and anticipated medical expenses along with property damage, lost wages.

Your lawyer will also talk with experts, such as medical experts mechanics, engineers, and mechanics. These experts can assist the jury get a clear picture of your injuries and accident.

Your lawyer will begin negotiations with insurance companies to attempt to settle your claim without a trial. If the insurance company is willing to offer you an unsatisfactory settlement or does not take your injuries and other damages into account your case is likely to proceed to trial.

It is crucial that victims file a lawsuit promptly, even though only a few cases get to court. Memory fades, witnesses disappear, and evidence could be lost as time passes and make it difficult to present a convincing argument for the most compensation. In addition, you must abide with the statute of limitations in your state, which can be anywhere from one to six years.