The Ultimate Guide To 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 lawyer can help you in obtaining the justice you deserve.

The process may differ depending on the case, but typically, it begins with the filing of an accusation. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an important component of any auto accident lawsuit. They will assist jurors or judges to determine the impact of the accident on your life. This includes the emotional, financial physical, and emotional expenses. Medical records will also provide the story that insurance companies will have a difficult to dispute.

According to the laws of your state and the policies of your doctor You may be granted the time to request medical records from your healthcare provider. This is the reason why you should speak with your lawyer as soon as possible after an accident. Health Information Portability and Accountability Act or HIPAA, protects your right to access these records. However, this doesn't mean that you or your lawyer are the only ones able to access your medical records. Insurance companies are always looking for anything that might suggest that your injuries aren't as severe as you think or that you have a pre-existing condition.

Your lawyer will use your medical records to draft a demand letter, that will include evidence to justify the damages you seek. It is crucial to ensure that your lawyer provides relevant medical records to the insurance company, as they may ask you to sign an authorization that allows them to access all your medical records. This is not in your best interests because it could reveal prior injuries that are not related to the present claim.

Police Reports

Police reports are produced every time a law enforcement officer responds to an emergency call and also car accidents. Although they aren't admissible in the courts of law (they are deemed to be hearsay), they provide valuable information to attorneys when they are conducting investigations and preparing cases.

A police report provides an objective report of what transpired in the accident, based on witnesses' testimony and observations by the officer regarding the damage to the vehicle, weather conditions, drivers, and so on. It's a vital evidence that can help you win an auto accident lawsuit.

You can typically request a copy from the precinct responsible for the investigation. Call their non-emergency phone number and provide an invoice or an incident number to prove your identity. You can request copies of your police report through the police department's website.

You'll have to file a suit against the person who caused the accident once your medical bills as well as lost wages and property damage exceed the amount of. The police report is an important tool in settlement negotiations, especially when you can prove the other driver's negligence based on observations made by the officer. A lot of cases are settled without going to trial. It may take some time to go through the pre-trial process and your case might not be resolved for a long time.

Insurance Company Negotiations

Once an adjuster has all the data they require from you and the investigation into the accident, they will extend a settlement offer. To generate their first offer, they'll input all the details and facts into the computer program. Most likely, they will come up with a much less than the amount you calculated based on your investigation. When insurance companies offer settlement offers, they have their own financial interests in the back of their heads.

They'll want to reduce the amount they have to pay for medical bills and other damage. You can fight back when you point out the negative effects your injuries could have on you and impact your life in the future. For example, you can draw attention to your increasing medical bills, your lost earning capacity and the physical and emotional suffering you're experiencing.

Your lawyer or you then draft a demand letter and submit it to the insurance company. This letter should include all of the evidence that you've gathered such as witness statements and photos of your injuries. You'll also make an inventory of your non-negotiables, so you can keep the insurance company from lowballing you. When an agreement is reached the agreement will be recorded in an agreement to settle in writing. It's not uncommon for back-and-forth to take place during these negotiations, but being patient will help you achieve a fair settlement.

Legal Advice

The next stage in the car accident lawsuit is discovery, during which both sides exchange information as well as evidence. The parties can request medical records, police reports and witness statements. They can also send any additional interrogatories (written questions that must be answered under oath before the deadline). Additionally your lawyer will record the extent of your physical, emotional and psychological injuries and any other damages you may seek to compensate for such as current and anticipated future medical expenses, property damage and lost wages.

Your lawyer will consult with other experts, such as mechanics, medical experts and engineers. These experts can help the jury get an accurate picture of your injuries and the accident.

Finally, your attorney will begin negotiations with insurance companies in order to try to settle your claim without a trial. If the insurance company offers a low settlement or does not take your injury and other damages into consideration your case is likely to progress to trial.

Although few cases actually go to trial, it is important for victims to start a lawsuit as quickly as they can. Over time memories fade, witnesses pass away, and evidence disappears which makes it more difficult to present a compelling case to receive the maximum amount of compensation. In addition, you must abide with the statute of limitations in your state, which could vary from 1 to 6 years.