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Phases of an Auto Accident Lawsuit
Car crash injuries can result in substantial medical bills along with property damage and lost wages. An experienced lawyer can assist you in receiving the compensation you deserve.
The procedure can differ depending on the case, but usually starts with the filing of a complaint. The discovery phase, trial, and appeals follow.
Medical Records
Medical records are an essential element of any auto accident lawsuit. They will help jurors or judges determine how the accident has had an impact on your life, including the emotional, physical and financial cost of your injuries. Medical records will also reveal a story that insurance companies will have a tough to argue.
According to the laws of your state and your doctor's policy In some states, you'll have only a short amount of time to request medical records from your healthcare provider. This is the reason you should speak with your lawyer as soon as possible after an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA is a law that protects your right to access these medical records. However, this does not mean that only you or your attorney can access your medical records. Insurance companies constantly look for evidence that might suggest that your injuries aren't the severity you claim or have a pre-existing condition.
Your lawyer will use the medical records you provide to create the letter of demand, which will include evidence in support of the damages you're seeking. It is important that your lawyer only provides relevant medical documents to the insurance company, as they may ask you to sign a medical authorization that permits them to access all of your medical records. This is not in your best interest since it could reveal previous injuries that are not related to the current claim.
Reports of Police
When a police officer responds to a request for help, including an accident, he or she creates a police report. While they're not admissible in court (they are deemed to be hearsay) however, they provide invaluable information to attorneys investigating an accident and preparing a case.
A police report is an objective assessment of what happened in the accident, based on witnesses' testimonies and the officer's observations about the vehicles' damage the weather, the drivers, and so on. It's an important piece of evidence that can aid you in winning your lawsuit for car accidents against the defendant.
Typically you can request a copy of your police report from the precinct that was responsible for the investigation by calling their non-emergency number and supplying a receipt or incident number to identify the report. You can also request copies of police reports through the department's website.
When your medical bills as well as property damage and lost wages are at an amount that is a certain amount, you'll need to start a lawsuit against the driver who is at fault. The police report can prove to be a helpful tool in settlement negotiations, particularly when you can prove that the other driver was largely at fault based on the police officer's observations. Many cases are settled without going to trial. It may take some time to work through the steps before trial and your case might not be resolved for a year or more.
Insurance Company Negotiations
Once an adjuster has all the details they require from you and the investigation of the car accident is complete, they will offer a settlement offer. They will put all the information and facts into a software program to create their initial offer. Most likely, they'll arrive at a smaller amount than you anticipated from your investigation. When insurance companies offer settlement offers, they have their own financial interests in the back of their heads.
They'll want to reduce the amount they'll need to pay for medical bills and other damages. You can fight back if you explain the way your injuries will affect your life in the near future. For instance, you can you can highlight the mounting medical bills and lost earnings potential, as well as the physical and mental pain you're experiencing.
Your attorney or you will prepare an order letter and submit it to an insurance company. It will contain all the evidence you've gathered including witness statements, photos of your injuries, and any documents that support your losses. You will also create a list of the non-negotiables that will keep the insurance company from undervaluing your claim. When an agreement has been reached and the written settlement contract will reflect it. Negotiations often involve back and forth, but remaining patient will aid in achieving a fair settlement.
Legal Advice
Discovery is the next phase of the lawsuit in which the parties exchange information and evidence. Parties can request medical documents, police reports or witness statements. They will also send any additional interrogatories (written questions that must be completed under oath at the end of the specified time). Your attorney will also record the extent of the physical emotional, psychological, and physical traumas you've suffered in addition to any other damages that might be sought out, such as current and projected medical expenses as well as property damage and lost wages.
Your lawyer will also consult with experts such as medical specialists mechanics, engineers, and mechanics. These experts can assist the jury to get an accurate picture of your injuries and accident.
Then, your lawyer will begin negotiations with insurance companies to try to settle your claim without a trial. However, if the insurance company offers an unsatisfactory settlement or does not take your injury and other damages into consideration the case will be heard at trial.
While only a few cases go to trial, it is essential for victims to begin a lawsuit as soon as possible. Memories fade, witnesses disappear, and evidence could be lost as time passes and it becomes difficult to build a strong case to get the maximum amount of compensation. auto accident attorney norwalk must also comply with your state's statute of limitations which can vary between 1 and 6 years.
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