This Is The Ultimate Guide To Auto Accident Law

Phases of an Auto Accident Lawsuit

Car crash injuries can result in significant medical bills along with property damage and lost wages. An experienced lawyer can help to get the compensation you need.

The process varies from case to case, but generally, it begins with filing a complaint. Then comes the discovery phase, trial and any appeals.

Medical Records

Medical records are an important component of any auto accident lawsuit. They will help the judge or jury determine how the accident has had an impact on your life, including the physical, emotional and financial burdens of your injuries. Insurance companies will be unable to argue with the information provided by medical records.

You may only have a specific amount of time, depending on the laws of your state and the policy of your doctor, to request medical records. Consult with your lawyer as soon after an accident as it is possible. The law guarantees access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your lawyer will be able to view your medical records. Insurance companies are always looking for evidence 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 support the damages you are seeking. It is imperative that your lawyer only provides relevant medical documents to the insurance company, as they may ask you to sign an authorization that permits them to access all your medical records. This is not the best option for your claim since it could reveal previous injuries that are not connected to the claim.

Police Reports

Police reports are generated each time a police officer responds to an emergency call for example, car accidents. Even though they aren't admissible in court (they are considered hearsay) however, they provide important information to attorneys when investigating an incident and preparing cases.

A police report is an objective view of what happened during the crash, based on witness testimony and observations by the officer about the vehicle's damage the weather, the drivers, and so on. It is an important piece of evidence that could assist you in winning an auto accident lawsuit.

You can usually request a copy from the police precinct that handled the investigation. Contact their non-emergency number and provide an original receipt or an incident number for identification. You can also request copies of records through the police department's website.

After your medical bills as well as property damage and lost wages are at an amount you can afford, you'll have to start a lawsuit against the driver at fault. The police report can be an effective tool during settlement negotiations, particularly if you can prove that the other driver was largely at blame based on the officer's observations. In many cases, however, the parties reach a settlement without ever going to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until one year after filing it.

Insurance Company Negotiations

Once the adjuster has all the details they require from you and your car accident investigation, they'll make a settlement offer. In order to create their first offer, they will enter all the details and facts into the computer program. They'll most likely be able to come up with a figure which is significantly lower than the number you calculated based on your investigation. When insurance companies offer settlement offers, they have their own financial interest in the back of their heads.

They'll want to reduce the amount they'll have to pay for medical bills and other damage. You can fight back if highlight the way your injuries will affect your life in future. For example, you can highlight your growing medical bills, the loss of earning capacity, and the emotional and physical pain you're experiencing.

Your attorney or you will create an order letter and present it to an insurance company. The letter should contain all of the evidence that you've gathered such as witness statements and photos of your injuries. You will also create an inventory of non-negotiables in order to stop the insurance company from undervaluing your claim. If an agreement is reached the agreement will be recorded in the form of a written settlement agreement. It's not uncommon for back-and-forth to occur during the negotiation process, but remaining patient will help you reach an acceptable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which the parties exchange information and evidence. Parties may seek medical records, police reports, and witness statements. The parties will also exchange interrogatories which are written inquiries which must be answered under the oath within a specified time. In addition the attorney will also document the extent of your physical emotional and mental injuries and the additional damages you might seek to compensate for, including existing and projected future medical costs, property damage, and lost wages.

Your lawyer will confer with other experts, like mechanics, medical professionals and engineers. These experts will help paint the vivid image of the accident and your injuries for the jury.

Your lawyer will begin negotiations with insurance companies in order to attempt to settle your claim with out a trial. If the insurance company doesn't provide you with an acceptable settlement or does not take into account your injuries and other damages your case will likely be heard in court.

Although few cases actually get to trial, it is important for victims to begin a lawsuit as soon as they can. Memories fade, witnesses can disappear, and evidence could be lost as time passes and it becomes difficult to present a convincing case for maximum compensation. You must also adhere to the statute of limitations in your state which can vary from 1 to 6 years.