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Phases of an Auto Accident Lawsuit
Medical bills, property damage and lost wages may be significant following a car accident. An experienced attorney can assist you in getting the compensation you deserve.
The procedure can differ from case to case, but typically, it starts with the filing of an action. Then follows the discovery phase trial, and any appeals.
Medical Records
Medical records are a vital element in any auto accident case. They will help a judge or jury determine the impact of the accident on your life. This includes the financial, emotional, and physical costs. Medical records can also tell an insurance company a story they will have a difficult time disputing.
You may only have a specific period of time, based on the laws in your state and the policy of your doctor, to request medical records. Consult with your lawyer as soon following an accident as you can. The law safeguards your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your lawyer are able to see your medical records. Insurance companies are generally keen to look for anything that could suggest that your injuries were pre-existing or not as severe as you claim.
Your lawyer will make use of your medical records to create a demand letter which will contain evidence to support the damages you are seeking. Your lawyer must only provide the relevant medical documents to your insurance company. They may ask you to grant them permission to access your complete medical record. This is not in your best interest because it could reveal prior injuries that aren't connected to the current claim.
Police Reports
Police reports are created each time a police officer responds to an emergency call and also car accidents. Even though they're not admissible in court (they are deemed to be hearsay) however, they provide valuable information to attorneys conducting an investigation and preparing a case.
A police report provides an objective account of what transpired in the accident, based on witnesses' statements and observations about the vehicle's damage as well as weather conditions, drivers and more. It is an important document that can assist you in winning your car accident lawsuit against the defendant.
Typically, you can request a copy of your police report from the precinct which was responsible for the investigation by calling their non-emergency number and supplying an incident or receipt to identify the report. You can also request copies of police reports through the website of the police department.
auto accident lawyer cambridge 'll need to file a suit against the driver responsible once your medical bills or lost wages property damage exceed the amount of. The police report is an important tool in settlement negotiations, particularly if you can prove the other driver's fault from the evidence provided by the officer. Many cases are settled without having to go to trial. It could take a long time to work through the pre-trial process and your case might not be resolved for a long time.
Insurance Company Negotiations
Once an adjuster has all of the information they require from you, and the car accident investigation and investigation, they will make an offer of settlement. In order to create their first offer, they will enter all the information and details into an application on computers. They'll most likely be able to come up with a figure which is lower than what you calculated based on your research. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.
They'll want to reduce the amount they'll need to pay for medical expenses and other damage. You can fight back if you explain how your injuries will impact your life in the future. For instance, you could highlight your growing medical bills, the loss of earning capacity, and the emotional and physical suffering you're experiencing.
Your lawyer or attorney will prepare a demand form and submit it to the insurance company. This will include all the evidence you've collected including witness statements, photos of your injuries, as well as documents that support your losses. Also, you will create a list of the non-negotiables that will stop the insurance company from undervaluing your claim. When an agreement is reached, it will be reflected in an agreement to settle in writing. It's common for a back-and-forth to take place during the negotiation process, but remaining calm will allow you to reach an acceptable settlement.
Legal Advice
The next phase in the car lawsuit involving an accident is discovery, during which the parties exchange information and evidence. Parties may request medical records and police reports as well as witness statements. They can also send the other interrogatories (written questions that have to be answered under oath before the end of the specified time). In addition, your attorney will document the extent of your physical, emotional and psychological injuries and any other damages you could seek to compensate for such as current and anticipated future medical expenses, property damage and lost wages.
Your lawyer will also speak with experts like medical specialists mechanics, engineers, and mechanics. These experts will help paint a vivid picture of the crash and your injuries for the jury.
Your lawyer will then begin discussions with the insurance companies in order to settle your case without trial. If the insurance company does not offer a fair settlement, or does not take into account your injuries or other damages, your case is likely to be heard in court.
Although a small percentage of cases make it to trial, it is vital for the victims to make a claim as soon as they can. Memory fades, witnesses die and evidence can disappear in time and it becomes difficult to build a strong case for the maximum amount of compensation. You must also comply with the statute of limitations in your state which can vary from 1 to 6 year.
Read More: https://vimeo.com/706811851
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