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Phases of an Auto Accident Lawsuit
Property damage, medical bills and lost wages could be significant following an accident in the car. An experienced lawyer can help you in obtaining the financial compensation you deserve.
The procedure can differ depending on the case, but generally, it starts with the filing of a complaint. This is followed by the discovery phase along with any appeals.
Medical Records
Medical records are an essential element of any auto accident lawsuit. They can help jurors or judges to understand the impact of the accident on your life. This includes the emotional, financial physical, and emotional expenses. Insurance companies will find it difficult to challenge the narrative told by medical records.
You may only have a certain amount of time, depending on the laws in your state and the policies of your doctor to obtain medical records. Consult with your lawyer as soon following an accident as you can. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these records. However, this doesn't mean that only you or your lawyer will be able to see your medical records. Insurance companies are often keen to uncover anything that could suggest that your injuries were pre-existing or not as severe as you think.
Your lawyer will make use of your medical records to draft a demand letter, that will include evidence to support the damages you are seeking. It is essential that your lawyer only provides relevant medical records to the insurance company as they may request you to sign a medical authorization that permits them to access all of your medical records. This is not in your best interest as it could reveal past injuries that aren't related to the current claim.
Police Reports
Every time a police official responds to a request for help, such as an accident, he produces a report. Although they cannot be admitted in the courts of law (they are deemed to be hearsay), they provide valuable information for attorneys who are investigating and preparing cases.
A police report provides an objective account of what happened in the accident, based on witness testimony and observations by the officer regarding the damage to the vehicle as well as weather conditions, drivers and more. It's a vital piece of evidence which can aid in winning a lawsuit in a car accident.
Typically, you can request a copy of your police report from the local police department that handled the investigation by calling their emergency number and providing the receipt or incident number to identify it. The police department might have a website on which you can request copies of the records online.
When your medical bills as well as property damage and lost wages are at a certain amount, you'll have to make a claim against the driver who is at fault. The police report is an effective tool for settlement negotiations, especially in cases where you can prove other driver's negligence based on observations made by the officer. A lot of cases are settled without going to trial. It could take a long time to go through the pre-trial procedures and your case may 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 into the car accident is complete, they will offer an offer for settlement. They will put all the facts and details into a software program to generate their initial offer. They'll probably come up with a number which is significantly lower than the number you calculated from your research. When insurance companies offer settlement offers, they've got their own financial interest in their minds.
They'll want to limit how much they have to pay in medical bills and other damages. You can counter by highlighting all the ways that your injuries will impact your life in the near future. For instance, you can, point out your mounting medical bills and your lost earning potential, as well as the mental and physical suffering you are experiencing.
Your attorney or you then draft the letter of demand and present it to an insurance company. auto accident attorneys downey should include all the evidence you have gathered including witnesses' statements and photographs of your injuries. Also, you'll make the list of your non-negotiables, so you can stop the insurance company from lowballing you. When an agreement has been reached the settlement agreement written will reflect it. Negotiations are often a back and forth, however remaining patient will ensure an equitable settlement.
Legal Advice
Discovery is the next phase of the lawsuit, in which the parties exchange information and evidence. Parties can seek medical records and police reports and witness statements. They will also provide each other interrogatories (written questions that need to be completed under oath at the end of the specified time). Your attorney will also record the extent of physical, emotional, and psychological injuries you've suffered, as well as any other damages which could be sought, including the amount of medical expenses you are currently and in the future, property damage, and lost wages.
Your lawyer will confer with other experts, like medical specialists, mechanics, and engineers. These experts will help paint a an accurate picture of your crash and the extent of your injuries to the jury.
Finally, your attorney will begin discussions with insurance companies to attempt to settle your claim with out a trial. However, if the insurance company offers a low settlement or does not take your injuries and other damages into consideration the case will go to trial.
While only a few cases get to trial, it is vital for the victims to begin a lawsuit as soon as possible. With time memories fade, witnesses die and evidence is lost and makes it harder to make a strong claim for the highest amount of compensation. Plus, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.
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