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Phases of an Auto Accident Lawsuit
Car crash injuries can lead to significant medical bills along with property damage and lost wages. An experienced lawyer can help you get the compensation you require.
The process can vary from case to case, but generally it begins with the filing of a complaint. The discovery phase, trial and any appeals follow.
Medical Records
Medical records are an important element in any auto accident lawsuit. They can help a jury or judge know how the injury affected your life, including the emotional, physical and financial cost of your injuries. Insurance companies will be unable to argue with the information provided by medical records.
Depending on your state's laws and the policies of your doctor depending on your state's laws and your doctor's policy, you could have the time to request medical records from healthcare providers. This is the reason why you should consult with a lawyer as soon as possible following an accident. The law safeguards your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones to view your medical records. Insurance companies are always looking for any sign that could suggest your injuries may not be as serious as you claim or that you have a pre-existing condition.
Your lawyer will make use of the medical records you provide to create the letter of demand that will include evidence to support the damages you're seeking. Your lawyer should only give the relevant medical documents to your insurance company. They might ask you to authorize them to access your complete medical record. This is not in your best interest since it could expose past injuries that aren't connected to the present claim.
Reports of Police
Each time a police officer responds to a request for help, which could include an accident, he or she makes a police report. Although they're not admissible in court (they are considered hearsay) they can provide valuable information to attorneys when conducting an investigation and preparing cases.
A police report is an objective report of what happened during the accident, based on witness statements and observations regarding the damage to the vehicle the weather, the drivers, and so on. It is a significant document that can assist you in winning your lawsuit for car accidents against the defendant.
You can usually request a copy from the precinct who handled the investigation. Contact their non-emergency number and provide an original receipt or an incident number as proof of identification. You can also request copies of records on the police department's website.
You'll have to file a lawsuit against the person who caused the accident when your medical bills or lost wages property damage exceed the amount of. The police report is an effective tool for settlement negotiations, particularly if you can prove the other driver's responsibility through the observations of the officer. Many cases end up reaching 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 of the information they need from you as well as your car accident investigation, he will make an offer to settle. They will then input all the information and facts into a program that will generate their initial offer. They'll likely come up with a number that's much lower than what you calculated based on your research. When insurance companies make settlement offers, they've got their own financial interests in mind.
They will seek to limit the amount they are required to pay for medical bills and other damages. You can fight back by pointing out all the ways that your injuries will affect your life going forward. You can, for example mention your increasing medical bills and the loss of earnings potential, as well being aware of the physical and mental pain you're experiencing.
Your lawyer or you will then draft a demand letter and send it to the insurance company. auto accident lawsuit boulder should include all the evidence you've gathered including witness statements, photos of your injuries, and any documentation supporting your losses. Also, you'll make an outline of your non-negotiables to ensure you can deter the insurance company from undercutting you. When an agreement is reached it will be documented in an agreement for settlement in writing. It's not uncommon for back-and-forth to take place during these negotiations, but being calm will allow you to reach an equitable settlement.
Legal Advice
The next step in a car lawsuit involving an accident is discovery, during which both parties exchange information and evidence. The parties can request medical records, police reports and witness statements. They may also send the other interrogatories (written questions that need to be answered under oath by the deadline). Additionally your attorney will provide documentation of the extent of your physical emotional and psychological traumas and the additional damages you may be seeking to recover such as current and anticipated future medical expenses, property damage and lost wages.
Your lawyer will also talk with experts like medical specialists mechanics, engineers and mechanics. These experts will help paint a the vivid picture of the crash and your injuries for the jury.
Your lawyer will then start discussions with the insurance companies in order to resolve your case without trial. If the insurance company is unable to offer you an equitable settlement or doesn't take into consideration your injuries and other damages, your case will likely be heard in court.
It is vital that victims file a lawsuit as soon as possible, even though only a few cases make it to court. Memories fade, witnesses can disappear and evidence may be lost over time making it more difficult to build a strong case to get 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.
