20 Fun Facts About Auto Accident Law
Phases of an Auto Accident Lawsuit
Property damage, medical bills and lost wages can be substantial following an accident in the car. An experienced attorney can assist you in receiving the compensation you deserve.
The procedure can differ depending on the case, but typically, it starts with the filing of an accusation. Then comes the discovery phase and trial, as well as any appeals.
Medical Records
Medical records are an essential element of any auto accident lawsuit. They will assist a jury or judge comprehend how the accident impacted your life, including the emotional, physical and financial cost of your injuries. Medical records will also reveal the story that insurance companies will have a difficult to dispute.
You might only have a limited amount of time, based on the laws of your state and the guidelines of your physician, to request medical records. This is the reason why you should discuss your legal needs immediately following an accident. Health Information Portability and Accountability Act, or HIPAA, protects your right to access these records. However, this does not mean that only you or your lawyer will be able to view your medical records. Insurance companies are generally keen to look for anything that could indicate that your injuries were not pre-existing or not so severe as you say.
Your lawyer will use your medical records to prepare a demand letters, which will include evidence to justify the damages you are seeking. It is essential to ensure that your lawyer provides relevant medical records to the insurance company, as they may request you to sign a medical authorization that permits them to access all your medical records. This is not the best option for your claim as it may reveal injuries from the past that are not related to the claim.
Police Reports
Every time a police official responds to a call for assistance, or an accident, he or she prepares a police report. Although they aren't admissible in the courts of law (they are deemed to be hearsay) they are valuable information for attorneys when investigating and preparing their cases.
A police report gives an objective account of the incident which is based on the witnesses' testimony and the officer's observations of the weather conditions, drivers, and other factors. It is an important piece of evidence which can aid you in winning an auto accidents accident lawsuit.
You can typically request a copy of the records from the precinct that was responsible for the investigation. Call their non-emergency phone number and provide a receipt or an incident number for identification. You can request copies of the report on the police department's website.
You'll need to file a suit against the driver at fault when your medical bills, lost wages, and property damage have reached a certain value. The police report is an effective tool for settlement negotiations, especially in cases where you can prove other driver's fault through the observations of the officer. But, many cases settle an agreement without going to trial. Pre-trial proceedings can take a long time and your case may not be resolved until a year after you file it.
Insurance Company Negotiations
Once an adjuster has all of the information they require from you and the investigation into the accident, they will extend an offer of settlement. To make their first offer, they'll enter all the information and details into a computer program. They will most likely be able to come up with a figure that's much lower than what you calculated based on your investigation. It's important to keep in mind 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 pointing out all the ways your injuries will impact your life in the near future. For instance, you could draw attention to your increasing medical bills, your lost earning potential, and the physical and emotional suffering that you're currently experiencing.
Your lawyer or you then draft a demand letter and then present it to the insurance company. It should include all the evidence you have gathered such as witness statements, photos of your injuries, and any documentation supporting your losses. You'll also make the list of your non-negotiables to ensure you can deter the insurance company from negotiating with you. After an agreement has been reached and the written settlement contract will reflect it. Negotiations can be a back and forth process, but remaining patient will help you achieve an equitable settlement.
Legal Advice
The next phase in the car lawsuit involving an accident is discovery, where the parties exchange information and evidence. The parties can request medical records, police reports, and witness statements. They will also send the other interrogatories (written questions that need to be completed under oath at the deadline). In addition your attorney will provide documentation of the extent of your physical, emotional and psychological injuries and any other damages that you could seek compensation for, including existing and projected future medical costs, property damage, and lost wages.
Your lawyer will consult with other experts, including mechanics, medical experts and engineers. These experts will help paint a an appealing picture of the crash and the extent of your injuries to the jury.
Finally, your attorney will begin negotiations with insurance companies in order to try to settle your claim without a trial. However, if the insurance company offers a small settlement or does not take your injuries and other damages into consideration, your case will likely proceed to trial.
While a small number of cases do go to trial it is crucial for victims to file a lawsuit as soon as possible. Over time, memories fade, witnesses pass away, and evidence disappears and makes it harder to establish a solid claim for the most compensation. Additionally, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.