Medical bills, property damage and lost wages may be substantial after an auto accident settlement accident. An experienced attorney can help you receive the compensation that you need.
The process may differ depending on the case, but typically, it begins with the filing of the complaint. Then follows the discovery phase and trial, as well as any appeals.
Medical Records
Medical records are an essential element of any Auto accident law accident lawsuit. They will aid jurors or judges understand how the injury has affected your life, including the emotional, physical and financial burdens of your injuries. Insurance companies will find it difficult to dispute the story told by medical records.
In accordance with the laws of your state and the policies of your doctor, you may have limited time to request medical documents from healthcare providers. It is recommended to consult with your lawyer as soon following an accident as it is possible. The law provides access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones who are able to examine your medical records. Insurance companies are often keen to find anything that might suggest that your injuries were pre-existing or not as severe as you think.
Your lawyer will use your medical records to prepare a demand letters, that will include evidence to justify the damages you seek. Your lawyer should only supply the relevant medical documents to your insurance company. They might require you to give them permission to access your entire medical record. This is not in the best interest of your claim because it could reveal injuries from the past that are not related to the claim.
Police Reports
Police reports are generated each time a police officer responds to an emergency call for example, car accidents. Although they cannot be admitted in the courts of law (they are deemed to be hearsay) they can provide valuable information for attorneys who are researching and preparing cases.
A police report is an objective assessment of what transpired in the accident, based on witness statements and the officer's observations regarding the damage to the vehicles the weather, the drivers and more. It is an important evidence piece that can aid you in winning your car accident lawsuit against the defendant.
You can typically request a copy from the precinct that was responsible for the investigation. Call their non-emergency line and provide the receipt or incident number as identification. The police department may have a website on which you can request copies of the records online.
You'll have to file a suit against the driver at fault after your medical expenses as well as lost wages and damages to property reach the amount of. The police report can be a valuable tool in settlement negotiations, especially when you can prove that the other driver was at fault based on the officer's observations. Many cases are settled without going to trial. The pre-trial process can be long and your case might not be resolved until one year after filing it.
Insurance Company Negotiations
Once an adjuster has all the details they require from you, and the investigation of the car auto accident litigation, they will extend an offer for settlement. To make their first offer, they will enter all the information and details into a computer program. Most likely, they'll produce a significantly less than the amount you calculated using your research. When insurance companies make settlement offers, they have their own financial interests in the back of their heads.
They'll wish to limit the amount they will have to pay for medical bills and other damages. You can fight back when you explain how your injuries will affect your life in the near future. You could, for instance you can highlight the mounting medical bills, your diminished earning potential, as in the mental and physical suffering you are experiencing.
Your lawyer or you then draft a demand letter and send it to the insurer. The letter should contain all the evidence you've gathered, including witnesses' statements and photographs of your injuries. You should also create an inventory of the items you cannot negotiate, so you can stop the insurance company from lowballing you. When an agreement has been reached and the written settlement contract will reflect it. It's normal for a back and forth to take place during the negotiation process, but remaining in the moment will help you get an acceptable settlement.
Legal Advice
The next stage of the car accident lawsuit is discovery, during which both sides exchange information and evidence. Parties can seek medical records, auto accident law police reports and witness statements. They will also provide the other interrogatories (written questions that must be completed under oath at the end of a specified time). Your attorney will also record the extent of physical psychological, emotional, and physical injuries you've sustained, in addition to any other damages that might be sought, such as current and projected medical expenses, property damage, and lost wages.
Your lawyer will also confer with experts, such as medical experts mechanics, engineers, and mechanics. These experts will help paint the vivid picture of your crash and your injuries for the jury.
Your lawyer will then start discussions with insurance companies in order to resolve your case without trial. However, if the insurance company is willing to offer you an unsatisfactory settlement or does not take your injuries and other damages into account the case will progress to trial.
It is vital that victims file a lawsuit immediately even though very few cases will ever make it to the courtroom. Over time, memories fade, witnesses die and evidence is lost, making it more difficult to present a compelling case for the highest amount of compensation. It is also important to adhere to the statute of limitations in your state that can range from 1 to 6 years.
