Phases of an Auto Accident Lawsuit
Medical bills, property damage and lost wages could be significant following an auto accident. An experienced lawyer can assist you in receiving the amount you are due.
The process may differ from case to case but generally it begins with the filing of the complaint. Then follows the discovery phase trial, and any appeals.
Medical Records
Medical records are a vital element of any auto accident case. They can help the judge or jury to comprehend how the accident affected your life, including the emotional, physical and financial costs of your injuries. Medical records will also tell an account that insurance companies will have a tough to argue.
In accordance with the laws of your state and the policies of your doctor depending on your state's laws and your doctor's policy, you could have limited time to request medical records from your healthcare provider. It is recommended to consult with your lawyer as soon after an accident as it is possible. Health Information Portability and Accountability Act or HIPAA guarantees your right to access these documents. 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 the severity you claim or that you have a pre-existing condition.
Your lawyer will use your medical records in order to prepare a demand letter that will include evidence to support the damages you're seeking. It is essential that your lawyer only provides relevant medical records to the insurance company, because they could ask you to sign a medical authorization that permits them to access all your medical records. This is not in the best interest of your claim as it may reveal previous injuries that are not connected to this claim.
Reports of the Police
Police reports are prepared every time a law enforcement officer responds to an emergency call or accident, such as car accidents. Although they are not admissible in a court of law (they are considered to be hearsay) They are a valuable source of information to attorneys when they are investigating and preparing their cases.
A police report is an objective account of the incident, based on the witness testimony of the officer and his observations regarding the weather conditions, the drivers, and other elements. It's a crucial piece of evidence that could aid you in winning your car accident lawsuit against the defendant.
Typically you can request a copy of your police report from the precinct that was responsible for the investigation by calling their non-emergency phone number and supplying a receipt or incident number to identify it. You can request copies of the report through the website of the police department.
If your medical bills, property damage and lost wages reach 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 for settlement negotiations, especially if you can prove the other driver's fault through the observations of the officer. But, many cases settle an agreement without going to trial. It can take a while to work through the steps before trial and your case might not be resolved for a year or more.
Insurance Company Negotiations
When the adjuster has all of the details they require from you and your vehicle accident investigation, he will make a settlement offer. They will then input all the facts and details into a computer program in order to generate their initial offer. auto accident attorney merced 'll probably be able to come up with a figure that is much lower than the one you calculated from your research. When insurance companies offer settlement offers, they've got their own financial interests in mind.
They'll want to limit the amount they'll need pay for medical expenses and other damage. You can fight back by highlighting the ways in which your injuries will negatively impact your life going forward. For example, you can point to your mounting medical bills, your lost earning potential, and the emotional and physical suffering you're going through.
Your attorney or you then draft the letter of demand and submit it to an insurer. This will include all the evidence you have collected such as witness statements, photographs of your injuries, and any documentation supporting your losses. Additionally, you should create an inventory of non-negotiables in order to ensure that the insurance company is not undervaluing your claim. When an agreement is reached it will be documented in an agreement for settlement in writing. Negotiations often involve back and forth, but being patient can ensure an equitable settlement.
Legal Advice
The next phase in the car lawsuit involving an accident is discovery, during which both sides exchange information as well as evidence. The parties can seek medical records, police reports, and witness statements. The parties may also exchange interrogatories that are written questions which must be answered under oath within a certain time. Your attorney will also write down the extent of the physical psychological, emotional, and physical injuries you've suffered, as well as any other damages that may be sought, including the amount of medical expenses you are currently and in the future, property damage, and lost wages.
Your lawyer will also speak with experts, such as medical experts, mechanics and engineers. These experts can help the jury to get clear information about your accident and injuries.
Your attorney will then start discussions with the insurance companies to settle your case without a trial. If the insurance company fails to offer a fair settlement or does not consider your injuries and other damages your case will likely go to trial.
It is vital that victims file a suit as soon as they can, even if only a handful of cases will ever make it to the courtroom. As time passes, memories fade, witnesses pass away and evidence is lost, making it more difficult to establish a solid claim for the most compensation. Additionally, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.