Phases of an Auto Accident Lawsuit
Injuries from car crashes can lead to significant medical bills, property damage and lost wages. An experienced attorney can help you get the compensation you require.
The procedure is different from case to case but generally, it begins with filing an action. Then comes the discovery phase and trial, as well as any appeals.
Medical Records
Medical records are an essential element of any auto accident case. They will assist jurors or judges determine how the accident has impacted your life, including the emotional, physical and financial costs of your injuries. Medical records will also reveal the story that insurance companies will have a hard time disputing.
Depending on your state's laws and your doctor's policy You may be granted only a short amount of time to request medical records from your healthcare provider. This is why it is important to contact your lawyer as soon as you can following an accident. Health Information Portability and Accountability Act or HIPAA, protects your right to access these medical records. However, this does not mean that you or your lawyer are the only ones to look over your medical records. Insurance companies are generally keen to look for anything that could suggest that your injuries are pre-existing or not as severe as you claim.
Your lawyer will use your medical records to draft a demand letter, which will include evidence to justify the damages you seek. It is crucial that your lawyer only provides relevant medical documents to the insurance company, as they may request you to sign an authorization that allows them to access all of your medical records. This is not beneficial to your claim, as it could expose past injuries that are not relevant to this claim.
Reports of Police
Police reports are generated every time a law enforcement officer responds to an emergency for example, car accidents. Even though they aren't admissible in court (they are deemed to be hearsay) however, they provide valuable information to attorneys when conducting an investigation and preparing the case.
A police report provides an objective account of what happened in the crash, based upon witness statements and observations about the vehicles' damage as well as weather conditions, drivers, and so on. It is a crucial piece of evidence which can aid you in winning a car accident lawsuit.
Usually you can request a copy of your police report from the precinct which was responsible for the investigation by calling their non-emergency number and supplying an incident or receipt to identify it. The police department may have a website where you can request copies of your records online.
You'll have to file a suit against the driver responsible after your medical expenses, lost wages, and property damage reach the amount of. The police report is a valuable tool in settlement negotiations, particularly in cases where you can prove other driver's fault based on observations made by the officer. A lot of cases are settled without going to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until one year after you file it.
Insurance Company Negotiations
Once an adjuster has all the data they require from you and the investigation of the car accident They will then extend an offer of settlement. To generate auto accident attorneys plano , they'll enter all the details and facts into the computer program. Most likely, they'll arrive at a smaller amount than you anticipated using your study. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.
They'll wish to limit the amount they pay in medical bills and other damages. You can fight back when you point out the way your injuries will impact your life in the future. For instance, you can point to your mounting medical bills, the loss of earnings capacity and the emotional and physical pain that you're currently experiencing.
You or your lawyer will prepare a demand form and then present it to the insurance company. It will contain all the evidence you have gathered and include statements from witnesses, photographs of your injuries as well as any evidence to support your losses. You should also create the list of the items you cannot negotiate, so you can prevent the insurance company from negotiating with you. Once an agreement is reached, it will be reflected in the form of a written settlement agreement. Negotiations often involve back and forth, but staying patient will ensure an equitable settlement.
Legal Advice
Discovery is the next phase of the lawsuit, during which the parties exchange information and evidence. Parties may request medical records, police reports and witness statements. They can also send another interrogatories (written questions that must be answered under oath by the end of a specified time). Your attorney will also record the severity of the physical psychological, emotional, and physical injuries you've sustained, and any other damages that may be sought, like the current and anticipated medical expenses as well as property damage and lost wages.
Your lawyer will talk to other experts, including mechanics, medical specialists and engineers. These experts can assist the jury to get a clear picture of your accident and injuries.
Your lawyer will begin negotiations with insurance companies in order to try to settle your claim without a trial. If the insurance company fails to offer you a fair settlement, or doesn't take into consideration your injuries and other damages, your case will likely be heard in court.
While a small number of cases do go to trial it is crucial for victims to begin a lawsuit as soon as is possible. Memories fade, witnesses can die and evidence can disappear in time making it more difficult to present a convincing case for maximum compensation. Furthermore, you have to comply with the statute of limitations in your state, which could range from 1 to 6 years.