7 Things About Auto Accident Law You'll Kick Yourself For Not Knowing

Phases of an Auto Accident Lawsuit

Car lowell auto accident lawsuit injuries can lead to significant medical bills, property damage, and even lost wages. A knowledgeable attorney can assist you in obtaining the financial justice you deserve.

The procedure can differ from case to case but generally it starts with the filing of an accusation. Then follows the discovery phase along with any appeals.

Medical Records

Medical records are an essential element in any auto accident law firm accident case. They will help jurors or judges understand the impact of the accident on your life. This includes the financial, emotional, and physical costs. Medical records will also reveal a story that insurance companies will have a tough time disputing.

You might only have a limited amount of time, depending on the laws of your state and the policy of your doctor to obtain medical records. It is recommended to consult with your lawyer as soon following an accident as possible. The law guarantees access to these documents through the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer are able to access your medical records. Insurance companies are always looking for anything that could indicate that your injuries aren't as serious as you claim or have a pre-existing condition.

Your lawyer will utilize your medical records to prepare a demand letters, that will include evidence to justify the damages you're seeking. It is imperative that your lawyer only provides relevant medical documents to the insurance company, as they may request you to sign an authorization that permits them to access all of your medical records. This is not in the best interest of your claim because it could reveal previous injuries that are not connected to this claim.

Police Reports

Police reports are generated each 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 deemed to be hearsay) they are valuable information for attorneys when conducting investigations and preparing cases.

A police report offers an objective account of the incident which is based on the witnesses' testimony as well as the officer's observations of the weather conditions, drivers, and other factors. It's an important piece of evidence that can help you win your lawsuit for car accidents against the defendant.

Usually you can request a copy your police report from the precinct which handled the investigation by calling their emergency number and supplying the receipt or incident number to identify the report. You can also request copies of records through the police department's website.

When your medical bills or property damage, as well as lost wages reach the amount of a certain amount, then you'll need to make a claim against the driver at fault. The police report is an essential tool in settlement negotiations, especially if you can prove the other driver's fault through the observations of the officer. However, many cases reach an agreement without ever going to trial. It may take some time to work through the steps before trial and auto accident lawsuit your case could not be resolved for a long time.

Insurance Company Negotiations

When the adjuster has all of the information he needs from you and your car accident investigation, they will make an offer to settle. They will input all the information and auto accident lawsuit facts into a computer program to create their initial offer. Most likely, they will arrive at a smaller amount than you anticipated using your investigation. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They will want to limit how much they pay in medical bills and other damages. You can fight back by pointing out the many ways that your injuries will negatively impact your life going forward. For example, you can draw attention to your increasing medical bills, your diminished earnings capacity and the emotional and physical suffering you're experiencing.

Your lawyer or attorney will then draft a demand letter and present it to the insurer. This will include all the evidence you've collected, including witness statements, photos of your injuries, and any documents supporting your losses. Also, you'll make an outline of your non-negotiables so you can deter the insurance company from undercutting you. When an agreement has been reached the settlement agreement written will reflect it. It's normal for a back and forth to take place during the negotiation process, but remaining patient will help you achieve an acceptable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, in which both parties exchange information and evidence. The parties can seek medical documents, police reports or witness statements. They may also send the other interrogatories (written questions that have to be answered under oath by end of the specified time). In addition your lawyer will record the extent of your physical, emotional and psychological injuries in addition to 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 confer with other experts, including mechanics, medical professionals, and engineers. These experts can assist the jury to get a clear picture of your injuries and the accident.

Your lawyer will then start discussions with the insurance companies to resolve your case without trial. However, if the insurance company is willing to offer you a small settlement or fails to take your injuries and other damages into consideration, your case will likely proceed to trial.

It is important that victims file a lawsuit as soon as possible, even if only a handful of cases are heard in the courtroom. Memory fades, witnesses disappear and evidence may be lost in time making it more difficult to present a convincing case for the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.