Phases of an Auto Accident Lawsuit
Property damage, medical bills and lost wages can be substantial following an accident. An experienced attorney can assist you in obtaining the compensation you deserve.
The process may differ from case to case, but usually begins with the filing of an accusation. The discovery phase, trial, and appeals are the next step.
Medical Records
Medical records are an essential part of any auto accident lawsuit. They will assist a judge or jury know the effects of the injury on your life. This includes the emotional, financial physical and emotional costs. Medical records can also tell a story that insurance companies will have a tough to argue.
You might only have a limited amount of time, contingent on the laws in your state and the policies of your doctor to request medical records. This is why you should contact your lawyer as soon as you can after an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA is a law that protects your right to access these records. This does not mean you or your lawyer are the only ones who are able to access your medical records. Insurance companies are always looking for anything that suggests that your injuries aren't as severe as you claim or have a pre-existing condition.
Your lawyer will use your medical records in order to prepare a demand letters, which will include evidence to justify the damages you are seeking. Your lawyer should only provide the relevant medical records to your insurance company. auto accident attorneys redlands might ask you to grant them permission to access your complete medical record. This is not in the best interest of your claim as it may reveal previous injuries that are not connected to the claim.
Police Reports
Police reports are produced every time a law enforcement officer responds to an emergency for example, car accidents. Although they aren't admissible in a court of law (they are considered to be hearsay) They are a valuable source of information to attorneys when they are researching and preparing cases.
A police report provides an objective view of what happened in the crash, based on witness statements and the officer's observations regarding the damage to the vehicle as well as weather conditions, drivers, and so on. It is an important piece of evidence that could help you win your lawsuit for car accidents against the defendant.
You can typically request a copy from the precinct that was responsible for the investigation. Call their emergency line and provide an original receipt or an incident number to prove your identity. The police department may have a website on which you can request copies online.
You'll have to file a lawsuit against the driver at fault after your medical expenses or lost wages damages to property reach the amount of. The police report can be a valuable tool during settlement negotiations, especially when you can prove that the other driver was at blame based on the officer's observations. But, many cases settle an agreement without ever going to trial. The pre-trial process can be long and your case may not be resolved until a year after you file it.
Insurance Company Negotiations
Once the adjuster has all the details they require from you and your vehicle accident investigation, he'll make an offer for settlement. In order to create their first offer, they'll input all the information and details into an online program. They'll likely come up with a number which is significantly lower than the number you calculated from your investigation. When insurance companies offer settlement offers, they have their own financial interest in their minds.
They will seek to limit the amount they have to pay in medical bills and other damages. You can fight back when you highlight the way your injuries will affect your life in future. For instance, you can, point out your mounting medical bills and lost earning potential, as well as the physical and mental suffering you are experiencing.
Your attorney or you then prepare an order letter and then present it to an insurance company. This should include all the evidence you've gathered and include statements from witnesses, photographs of your injuries, as well as evidence to support your losses. You should also make a list of non-negotiables to keep the insurance company from undervaluing your claim. After an agreement has been reached and the written settlement contract will reflect it. Negotiations often involve back and forth affair, but remaining patient will ensure a fair settlement.
Legal Advice
The next step in a car accident lawsuit is discovery. During this process, both sides exchange information and evidence. Parties may seek medical records, police reports and witness statements. The parties may also exchange interrogatories, which are written questions that have to be answered under an oath within certain times. Your lawyer will also record the severity of the physical emotional, psychological, and physical injuries you've suffered, as well as any other damages that could be sought, such as future and current medical expenses as well as property damage and lost wages.
Your lawyer will consult with other experts like mechanics, medical experts, and engineers. They will help paint a a vivid image of your crash and the extent of your injuries to the jury.
Your lawyer will begin negotiations with insurance companies to try to settle your claim without a trial. If the insurance company does not offer you a fair settlement or doesn't take into consideration your injuries and other damages, your case is likely to be heard in court.
Although few cases actually go to trial, it is important for victims to make a claim as soon as is possible. The memories fade, witnesses pass away, and evidence can be lost as time passes and it becomes difficult to make a strong argument for the most compensation. You must also follow the statute of limitations for your state which can vary between 1 and 6 years.