A Step-By'-Step Guide For Auto Accident Law

Phases of an Auto Accident Lawsuit

Car crash injuries can result in substantial medical bills, property damage, and even lost wages. A knowledgeable attorney can assist you in obtaining the justice you deserve.

The process varies depending on the case, but generally starts by filing an action. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an essential component of any auto accident legal accident lawsuit. They will aid jurors or judges know how the injury impacted your life, including the physical, emotional and financial burdens of your injuries. Insurance companies will be unable to dispute the story told by medical records.

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. Consult with your lawyer as soon after an auto accident lawsuit as is possible. The law protects your access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones who can access your medical records. Insurance companies are often keen to look for anything that could suggest that your injuries were pre-existing or not as severe as you claim.

Your lawyer will use your medical records in order to prepare a demand letter that will include evidence to justify the damages you're seeking. It is important that your lawyer only provide relevant medical documents to the insurance company as they may ask you to sign a medical authorization that allows them to access all your medical records. This is not in your best interest since it could reveal previous injuries that aren't related to the current claim.

Reports of Police

Each time a police officer responds to a call for assistance, or an accident, he prepares a police report. While they cannot be used in the courts of law (they are considered to be hearsay) they can provide valuable information to attorneys when they are conducting investigations and preparing cases.

A police report provides an independent account of the crash that is based on the witness' testimony as well as the officer's observations of the weather conditions, drivers, and other elements. It is a significant document that can aid you in winning your car accident lawsuit against the defendant.

Typically, you can request a copy your police report from the police station that handled the investigation by calling their non-emergency line and supplying an invoice or incident number to identify it. The police department might also have a website where you can request copies of records online.

You will need to file a lawsuit against the driver who was at fault once your medical bills or lost wages property damage exceed an amount. The police report can be an essential tool in settlement negotiations, particularly if you can prove the other driver's fault in the light of observations made by the officer. In many cases, however, the parties reach an agreement without ever going to trial. It can take time to go through the pre-trial procedures and your case may not be resolved for a long time.

Insurance Company Negotiations

Once the adjuster has all the details they require from you and your automobile accident investigation, they'll make an offer for settlement. They will enter all the facts and details into a computer program to generate their initial offer. Most likely, they will produce a significantly less than the amount you calculated using your investigation. When insurance companies make settlement offers, they've got their own financial interest in mind.

They will be looking to reduce the amount they pay in medical bills and other damages. You can counter by highlighting the ways in which your injuries could affect your life in the future. For instance, you can highlight your growing medical bills, your decreased earning capacity and the physical and emotional suffering you're suffering.

Your lawyer or attorney will then draft a demand letter and submit it to the insurance company. This letter should include all the evidence you've gathered, including witness statements and photos of your injuries. Additionally, you should create a list of non-negotiables to keep the insurance company from undervaluing your claim. Once an agreement has been reached and the written settlement contract will reflect it. Negotiations often involve back and forth process, but perseverance will ensure an equitable settlement.

Legal Advice

The next stage in the car lawsuit involving an accident is discovery, in which both parties exchange information and evidence. Parties may require medical records or police reports and witness statements. They will also send each other interrogatories (written questions that need to be answered under oath before the end of the specified time). In addition your attorney will provide documentation of the extent of your physical emotional and mental injuries as well as the other damages that you could be seeking to recover, including existing and projected future medical costs, property damage, and lost wages.

Your lawyer will also consult with experts, such as medical experts, mechanics and engineers. These experts can assist the jury to get clear information about your injuries and auto accident lawyers.

Then, your lawyer will begin negotiations with insurance companies in order to attempt to settle your claim without trial. If the insurance company offers you a low settlement or fails to take your injuries and other damages into account, your case will likely progress to trial.

While only a few cases get to trial, it is essential for victims to start a lawsuit as quickly as is possible. As time passes, memories fade, witnesses die and evidence is lost which makes it more difficult to establish a solid claim for the most compensation. Plus, auto accident lawsuit you must comply with the statute of limitations in your state, which can range from 1 to 6 years.