Are You Getting The Most Out Of Your Auto Accident Law?
Phases of an Auto Accident Lawsuit
Car accident injuries can result in substantial medical bills along with property damage and lost wages. An experienced lawyer can help you in getting the justice you deserve.
The procedure can differ from case to case, but generally it begins with the filing of an action. The discovery phase, trial and any appeals follow.
Medical Records
Medical records are an essential element in any auto accident lawsuit. They will help the judge or jury know how the injury impacted your life, including the physical, emotional and financial burdens of your injuries. Insurance companies will have a hard time to challenge the narrative told by medical records.
You might only have a particular amount of time, based on the laws of your state and the guidelines of your physician, to obtain medical records. Consult with your lawyer as soon following an accident as it is possible. Health Information Portability and Accountability Act (HIPAA) HIPAA guarantees your right to access these records. However, this does not mean that only you or your attorney can view your medical records. Insurance companies are always looking for any sign that might suggest that your injuries aren't as severe as you think or that you have a pre-existing condition.
Your lawyer will utilize your medical records to prepare a demand letter which will contain evidence to justify the damages you seek. Your lawyer should only give the relevant medical records to your insurance company. They might require you to give them permission to access your complete medical record. This is not beneficial to your claim because it could reveal injuries from the past that are not related to the claim.
Police Reports
Every time a police officer responds to a request for help, such as an accident, he prepares a police report. While they cannot be used in the courts of law (they are deemed to be hearsay) they are valuable information for attorneys who are researching and preparing cases.
A police report gives an objective account of the accident that is based on the witness' testimony as well as the officer's observations regarding the weather conditions, the drivers, and other factors. It is an important piece of evidence that can help you win your car accident lawsuit against the defendant.
You can usually request a copy from the police precinct that handled the investigation. Call their non-emergency line and provide the receipt or incident number as identification. The police department might have a website where you can request copies online.
You'll have to file a lawsuit against the driver at fault once your medical bills, lost wages, and property damage have reached an amount. The police report is an important tool in settlement negotiations, particularly when you can prove the other driver's guilt in the light of observations made by the officer. Many cases are settled without going to trial. Pre-trial proceedings can take a long time and your case might not be resolved until a year after you file it.
Insurance Company Negotiations
Once the adjuster has all the information he needs from you and your vehicle accident investigation, he'll make an offer for settlement. To create their initial offer, they'll input all the information and details into an online program. auto accident lawsuit st joseph be able to come up with a figure that is much lower than the one you calculated from your investigation. When insurance companies make settlement offers, they have their own financial interests in mind.
They will wish to limit the amount they pay in medical bills and other damages. You can counter by pointing out the ways in which your injuries will affect your life going forward. You can, for example mention your increasing medical bills and your lost earning potential, as well being aware of the physical and mental suffering you are experiencing.
You or your attorney will then draft the letter of demand and present it to an insurer. This should include all the evidence you have collected including statements from witnesses, photographs of your injuries as well as any documents supporting your losses. You should also make an outline of the things you will not negotiate to stop the insurance company from undervaluing your claim. Once you have reached an agreement and ratified, it will be included in an agreement to settle in writing. It's normal for a back and forth to take place during these negotiations, but staying in the moment will help you get an equitable settlement.
Legal Advice
The next step in a car lawsuit involving an accident is discovery, where both sides exchange information as well as evidence. Parties can require medical records or police reports, and witness statements. They will also send each other interrogatories (written questions to be answered under oath before the deadline). Additionally your attorney will provide documentation of the extent of your physical emotional and mental injuries and the additional damages you might seek to compensate for such as current and anticipated future medical expenses, property damage and lost wages.
Your lawyer will talk to other experts, such as mechanics, medical specialists and engineers. These experts can assist the jury get a clear picture of the injuries and accidents you sustained.
Finally, your attorney will begin negotiations with insurance companies in order to try to settle your claim without a trial. If the insurance company doesn't provide you with a fair settlement, or does not take into account your injuries and other damages, your case is likely to be heard in court.
It is important that victims file a lawsuit immediately even though very few cases will ever make it to the courtroom. The memories fade, witnesses die and evidence can disappear over 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 be anywhere from one to six years.