Phases of an Auto Accident Lawsuit
Property damage, medical bills and lost wages can be significant after an accident in the car. A knowledgeable attorney can help you get the compensation you need.
The process is different depending on the case, however, generally it starts with filing an action. The discovery phase, trial, and appeals are the next step.
Medical Records
Medical records are an important element in any auto accident lawsuit. They can assist the jury or judge understand the impact of the accident on your life. This includes the financial, emotional physical and emotional costs. Medical records will also provide an account that insurance companies will have a difficult to dispute.
According to the laws of your state and the policy of your doctor, you may have a limited amount of time to request medical records from your healthcare provider. It is recommended to consult with your lawyer as soon following an accident as is possible. The law safeguards your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your attorney can access your medical records. Insurance companies are always looking for any sign that suggests your injuries may not be as severe as you claim or that you have a pre-existing condition.
Your lawyer will make use of the medical records you provide to create the letter of demand that includes evidence to justify the damages you seek. It is essential that your lawyer only provide relevant medical records to the insurance company as they may ask you to sign a medical authorization that allows them to access all of your medical records. This is not in your best interests because it could reveal prior injuries that aren't connected to the current claim.
Police Reports
Police reports are created each time a law enforcement officer responds to an emergency call, including car accidents. Although they are not admissible in a court of law (they are considered to be hearsay) they are valuable information for attorneys when investigating and preparing their cases.
A police report is an objective account of what transpired in the accident, based on witnesses' statements and the officer's observations about the vehicle's damage and weather conditions, drivers and more. It is an important document that can assist you in winning your car accident lawsuit against the defendant.
Typically, you can request a copy of your police report from the precinct which handled the investigation by calling their non-emergency number and supplying the receipt or incident number to identify it. You can also request copies of records through the police department's website.
After your medical bills or property damage, as well as lost wages are at an amount you can afford, you will need to bring a lawsuit against the at-fault driver. The police report can be an essential tool in settlement negotiations, particularly when you can establish the other driver's fault based on observations made by the officer. Many cases are settled without going to trial. It can take time to work through the pre-trial procedures and your case might not be resolved for a long time.
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Once an adjuster has all the information they need from you and the investigation into the car accident They will then extend an offer of settlement. They will put all the information and facts into a program that will generate their initial offer. Most likely, they will produce a significantly smaller amount than you anticipated from your investigation. It's important to remember that insurance companies have their own financial concerns in mind when they make settlement offers.
They'll want to reduce the amount they'll have to pay for medical expenses and other damages. You can counter by pointing out all the ways your injuries could affect your life going forward. For instance, you can draw attention to your increasing medical bills, your diminished earning capacity and the physical and emotional suffering you're going through.
Your lawyer or you create a demand letter and present it to the insurer. This will include all the evidence you've collected including witness statements, photographs of your injuries, and any documents that support your losses. Also, you'll make the list of your non-negotiables, so you can prevent the insurance company from undercutting you. If an agreement is reached and ratified, it will be included in an agreement for settlement in writing. Negotiations are often a back and forth process, but being patient can ensure an equitable settlement.
Legal Advice
The next stage in the car accident lawsuit is discovery. During this process, both sides exchange information and evidence. Parties may require medical records or police reports, and witness statements. They will also send any additional interrogatories (written questions that need to be completed under oath at the end of the specified time). Your attorney will also document the extent of the physical mental, emotional, or psychological injuries you have suffered, as well as any other damages that could be sought, like current and projected medical expenses or property damage, as well as lost wages.
Your lawyer will consult with other experts, including mechanics, medical experts and engineers. These experts will help paint a an accurate picture of the crash and your injuries for the jury.
Then, your lawyer will begin discussions with insurance companies to attempt to settle your claim with out a trial. If the insurance company is willing to offer you an unsatisfactory settlement or fails to take your injuries and other damages into consideration the case will go to trial.
It is important that victims file a lawsuit immediately, even though few cases are heard in the courtroom. Over time memories fade, witnesses die and evidence is lost and makes it harder to file a convincing claim to receive the maximum amount of compensation. Additionally, you must comply with the statute of limitations in your state, which can range from 1 to 6 years.