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Phases of an Auto Accident Lawsuit
Property damage, medical bills and lost wages could be significant following an accident. A knowledgeable attorney can assist you in receiving the justice you deserve.
The procedure is different from case to case however, generally it starts with filing an action. The discovery phase, trial, and any appeals follow.
Medical Records
Medical records are an important component of any auto accident lawsuit. They will assist a jury or judge determine how the accident has impacted your life, including the emotional, physical and financial burdens of your injuries. Medical records will also provide a story that insurance companies will have a difficult time disputing.
You might only have a limited amount of time, contingent on the laws of your state and the policy of your doctor, to request medical records. This is the reason why you should discuss your legal needs as soon as you can after an accident. The law protects your access to these documents through the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer will be able to access your medical records. Insurance companies are always looking for anything that might suggest your injuries might not be as serious as you claim or if you have pre-existing injuries.
Your lawyer will make use of the medical records you provide to create an order letter that will include evidence in support of the damages you want. It is important that your lawyer only provides relevant medical documents to the insurance company, as they may request you to sign a medical authorization that permits them to access all your medical records. This is not in your best interest as it could reveal past injuries that aren't directly related to the present claim.
Reports of Police
Police reports are prepared every time a law enforcement officer responds to an emergency and also car accidents. Even though they're not admissible in court (they are considered to be hearsay) however, they provide important information to attorneys when investigating an incident and preparing a case.
A police report provides an independent account of the crash that is based on the witness testimony of the officer and his observations regarding the weather conditions, drivers, and a variety of other factors. It's an important evidence piece that can aid you in winning your lawsuit for car accidents against the defendant.
You can typically request a copy from the precinct who handled the investigation. Call their non-emergency line and provide an invoice or an incident number as proof of identification. The police department may also have a website where you can request copies online.
auto accident lawyer sparks 'll have to file a lawsuit against the driver responsible after your medical expenses as well as lost wages and damages to property reach a certain value. The police report can be an effective tool for settlement negotiations, especially when you can establish the other driver's fault in the light of observations made by the officer. A lot of cases are settled without going to trial. It can take a while to complete the pre-trial process and your case could not be resolved for a long time.
Insurance Company Negotiations
Once an adjuster has all the information they require from you and the investigation into the accident, they will extend an offer of settlement. They will enter all the information and facts into a program that will make their initial offer. They will most likely be able to come up with a figure that's much lower than what you calculated based on your research. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.
They'll want to limit the amount they'll need to pay for medical expenses and other damage. You can fight back if you highlight the way your injuries will affect your life in the near future. For instance, you could draw attention to your increasing medical bills, your lost earning potential, and the physical and emotional suffering you're suffering.
Your attorney or you then prepare the letter of demand and then present it to an insurance company. The letter should contain all of the evidence that you've gathered, including witness statements and photos of your injuries. Also, you will create a list of non-negotiables to prevent the insurance company from undervaluing your claim. When an agreement is reached the agreement will be recorded in an agreement for settlement in writing. Negotiations are often a back and forth, however being patient can assist you in negotiating an equitable settlement.
Legal Advice
The next stage of the car accident lawsuit is discovery, during which the parties exchange information and evidence. The parties can seek medical documents, police reports or witness statements. They will also send any additional interrogatories (written questions that must be completed under oath at the deadline). Your lawyer will also record the severity of the physical emotional, psychological, and physical injuries you've suffered, as well as any other damages that might be sought, such as future and current medical expenses as well as property damage and lost wages.
Your lawyer will also speak with experts such as medical professionals, mechanics and engineers. These experts will help paint a a vivid image of the accident and the extent of your injuries to the jury.
Your attorney will then start discussions with the insurance companies in order to resolve your case with no trial. However, if the insurance company is willing to offer you an unsatisfactory settlement or does not take your injuries and other damages into consideration your case is likely to progress to trial.
It is vital that victims file a suit as soon as they can, even if only a handful of cases will ever make it to the courtroom. The memories fade, witnesses die and evidence can disappear over time making it more difficult to present a convincing case for the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which can vary from 1 to 6 years.
Read More: https://vimeo.com/707397454
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