7 Things About Auto Accident Law You ll Kick Yourself For Not Knowing

Phases of an Auto Accident Lawsuit

Injuries from car crashes can result in significant medical bills, property damage, and even lost wages. An experienced attorney can assist you in getting the amount you are due.

The procedure is different from case to case, but generally starts by filing a complaint. This is followed by the discovery phase, trial and any appeals.

Medical Records

Medical records are an essential element in any auto accident lawsuit. They will help the judge or jury comprehend how the accident affected your life, as well as the emotional, physical and financial costs of your injuries. Medical records can also tell an account that insurance companies will have a hard time disputing.

You might only have a limited amount of time, based on the laws in your state and the guidelines of your physician, to obtain medical records. This is why it is important to contact your lawyer as soon as possible after an accident. The law safeguards your access to these documents through the Health Information Portability and Accountability Act (HIPAA). This doesn't mean you or your lawyer are the only ones who are able to access your medical records. Insurance companies constantly look for evidence that might suggest your injuries might not be as severe as you claim or have a pre-existing condition.

Your lawyer will make use of the medical records that you supply to write the letter of demand, which will include evidence to support the damages you seek. It is crucial that your lawyer only provides relevant medical documents to the insurance company, because they could ask you to sign a medical authorization that permits them to access all your medical records. This is not in your best interest since it could expose past injuries that aren't connected to the present claim.

Police Reports

Police reports are generated every time a law enforcement officer responds to an emergency call and also car accidents. While they cannot be used in the courts of law (they are considered to be hearsay) they are valuable information to attorneys when they are investigating and preparing cases.

A police report provides an objective account of the incident from the witness' testimony and the officer's observations of the weather conditions, drivers, and other aspects. It's an important evidence that can assist you in winning an auto accident law firms accident lawsuit.

Typically, you can request a copy of your police report from the police station that was responsible for the investigation by calling their non-emergency number and providing an incident or receipt to identify it. You can also request copies of police reports on the police department's website.

When your medical bills as well as property damage and lost wages exceed a certain amount, you'll need to make a claim against the driver who is at fault. The police report can be an effective tool for settlement negotiations, particularly when you can prove the other driver's fault through the observations of the officer. Many cases end up reaching settlements without ever going to trial. The pre-trial process can be long and your case might not be resolved until a year after filing it.

Insurance Company Negotiations

After the adjuster has all of the information they need from you and your automobile accident investigation, he will make an offer of settlement. They will input all the facts and details into a computer program to create their initial offer. Most likely, they'll make a less than the amount you calculated in your study. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They'll be looking to reduce the amount they will have to pay for medical bills and other damages. You can fight back when you point out the negative effects your injuries could have on you and affect your life in the near future. For example, you can point to your mounting medical bills, your lost earning potential, and the emotional and physical suffering that you're currently experiencing.

Your lawyer or attorney will create a demand letter and present it to the insurance company. It will contain all the evidence you've collected including statements from witnesses, photographs of your injuries as well as any documentation supporting your losses. You will also create a list of non-negotiables to keep the insurance company from undervaluing your claim. When an agreement is reached and ratified, it will be included in an agreement for settlement in writing. Negotiations can be a back and forth process, but remaining patient will aid in achieving an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit in which both parties exchange information and evidence. Parties may seek medical records, police reports and witness statements. They may also send another interrogatories (written questions that need to be answered under oath by end of the specified time). Your lawyer will also record the severity of the physical psychological, emotional, and physical injuries you have suffered, in addition to any other damages that may be sought, including the amount of medical expenses you are currently and in the future along with property damage, lost wages.

Your lawyer will consult with other experts like mechanics, medical professionals, and engineers. They will help paint a an accurate 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 with out a trial. However, if the insurance company offers a small settlement or does not take your injuries and other damages into consideration your case is likely to be heard at trial.

It is vital that victims file a lawsuit as soon as possible even though very few cases get to the courtroom. Memories fade, witnesses can disappear, and evidence could be lost as time passes and it becomes difficult to make a strong case to get the maximum amount of compensation. You must also adhere to the statute of limitations in your state, which can vary between 1 and 6 years.