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Phases of an Auto Accident Lawsuit
Property damage, medical bills and lost wages may be substantial following an auto accident. An experienced lawyer can help you in getting the amount you are due.
The process may differ from case-to-case, but typically, it starts with the filing of an accusation. The discovery phase, trial, and any appeals follow.
Medical Records
Medical records are an essential part of any auto accident case. They will help the judge or jury determine how the accident has impacted your life, including the physical, emotional and financial costs of your injuries. Medical records will also reveal a story that insurance companies will have a difficult to argue.
You might only have a limited amount of time, contingent on the laws in your state and the policy of your doctor to request medical records. It is recommended to consult with your lawyer as soon after an accident as you can. The law safeguards your access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that you or your lawyer are the only ones who are able to view your medical records. Insurance companies are always looking for anything that could suggest your injuries may not be as serious as you claim or pre-existing.
Your lawyer will make use of the medical records that you supply to write a letter of demand that will include evidence to support the damages you want. It is important that your lawyer only provide relevant medical records to the insurance company, as they may ask you to sign a medical authorization that allows them to access all of your medical records. This is not beneficial to your claim since it could reveal previous injuries that are not connected to this claim.
Reports of Police
Police reports are prepared every time a law enforcement officer responds to an emergency or accident, such as car accidents. While they cannot be used in a court of law (they are considered to be hearsay) They are a valuable source of information for attorneys who are investigating and preparing their cases.
A police report gives an objective account of the incident which is based on the witnesses' testimony and the officer's observations regarding the weather conditions, drivers, and a variety of other factors. It is an important piece of evidence which can help you win a lawsuit for car accidents.
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. You can request copies of your police report through the police department's website.
After your medical expenses, property damage and lost wages are at a certain amount, you will need to start a lawsuit against the at-fault driver. The police report can be a useful tool during settlement negotiations, especially if you can prove that the other driver was largely at fault, based on an officer's observations. But, many cases settle an agreement without ever going to trial. It may take some time to go through the pre-trial steps and your lawsuit might not be resolved for a year or more.
Insurance Company Negotiations
Once an adjuster has all the data they require from you, and the investigation of the car accident is complete, they will offer an offer for settlement. They will then input all the facts and details into a computer program in order to make their initial offer. They will most likely produce a number that's much lower than what you calculated from your research. When auto accident attorneys elizabeth offer settlement offers, they have their own financial interest in mind.
They will wish to limit the amount they will have to pay for medical bills and other damages. You can fight back by highlighting all the ways your injuries will affect your life going forward. You could, for instance mention your increasing medical bills and your lost earnings potential, as well being aware of the physical and mental pain you're experiencing.
Your lawyer or attorney will then draft a demand letter and then present it to the insurance company. It should include all the evidence you've collected, including statements from witnesses, photographs of your injuries, as well as documents that support your losses. You'll also make an outline of your non-negotiables so you can stop the insurance company from negotiating with you. Once you have reached an agreement it will be documented in an agreement to settle in writing. It's common for a back-and-forth to occur during these negotiations, but being calm will allow you to reach an acceptable settlement.
Legal Advice
The next stage of the car accident lawsuit is discovery, where both sides exchange information as well as evidence. Parties can require medical records or police reports as well as witness statements. They will also send another interrogatories (written questions that have to be answered under oath before the deadline). Your attorney will also record the extent of physical psychological, emotional, and physical injuries you've suffered, and any other damages which could be sought, such as the current and anticipated medical expenses, property damage, and lost wages.
Your lawyer will also speak with experts, such as medical experts mechanics, engineers, and mechanics. These experts will aid in painting a an appealing image of your crash and your injuries for the jury.
Your lawyer will then start negotiations with the insurance companies to settle your case without a trial. If the insurance company does not provide you with a fair settlement or does not consider your injuries or other damages, your case will likely be heard in court.
It is crucial that victims file a lawsuit as soon as possible, even though only a few cases make it to the courtroom. The memories fade, witnesses die and evidence can disappear in time, making it harder to present a convincing argument for the most compensation. Additionally, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.
