7 Things About Auto Accident Law You'll Kick Yourself For Not Knowing
Phases of an Auto Accident Lawsuit
Damage to property, medical bills and lost wages may be substantial following a car accident. A knowledgeable attorney can assist you in obtaining the financial amount of compensation you deserve.
The process may differ from case to case, but usually begins with the filing of a complaint. The discovery phase, trial, and any appeals follow.
Medical Records
Medical records are an essential element in any auto accident case. They will assist jurors or judges comprehend how the accident had an impact on your life, including the emotional, physical and financial burdens of your injuries. Insurance companies will be unable to argue with the information provided by medical records.
According to the laws of your state and your doctor's policy depending on your state's laws and your doctor's policy, you could have only a short amount of time to request medical records from healthcare providers. You should speak with your lawyer as soon following an accident as possible. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these documents. But, this doesn't mean that only you or your lawyer can examine your medical records. Insurance companies are always looking for anything that suggests that your injuries aren't as severe as you think or if you have pre-existing injuries.
Your lawyer will use your medical records to draft a demand letter, which will contain evidence to support the damages you seek. It is crucial that your lawyer only provide relevant medical records to the insurance company, because they could ask you to sign a medical authorization that allows them to access all your medical records. This is not the best option for your claim, as it could reveal previous injuries that are not connected to the claim.
Police Reports
Police reports are prepared each time a law enforcement officer responds to an emergency, including car accidents. Although they are not admissible in the courts of law (they are deemed to be hearsay) they can provide valuable information for attorneys who are investigating and preparing their cases.
A police report provides an objective report of what happened during the accident, based on witness testimonies and the officer's observations about the vehicle's damage as well as weather conditions, drivers and more. It's an important piece of evidence which can help you win a car accident lawsuit.
Usually, you can request a copy your police report from the precinct that handled the investigation by calling their non-emergency line and providing a receipt or incident number to identify it. You can request copies of the report on the police department's website.
You'll need to file a lawsuit against the person who caused the accident after your medical expenses or lost wages property damage reach the amount of. The police report can be a valuable tool in settlement negotiations, particularly when you can prove the other driver's responsibility based on observations made by the officer. A lot of cases are settled without having to go to trial. It can take a while to complete the steps before trial and your case may not be resolved for a long time.
Insurance Company Negotiations
Once an adjuster has all the data they require from you, and the car accident investigation is complete, they will offer a settlement offer. To generate their first offer, they will enter all the details and facts into a computer program. Most likely, they will arrive at a lower number than you calculated based on your study. When insurance companies offer settlement offers, they have their own financial interests in the back of their heads.
They will wish to limit the amount they pay in medical bills and other damages. You can counter by pointing out the many ways that your injuries will affect your life in the coming years. For example, you can draw attention to your increasing medical bills, your lost earnings capacity and the emotional and physical suffering you're experiencing.
You or your lawyer will then prepare a demand letter and send it to the insurance company. The letter should include all the evidence you have gathered including witnesses' statements and photographs of your injuries. You should also make an outline of the things you will not negotiate to ensure that the insurance company is not undervaluing your claim. After an agreement has been reached and the written settlement contract will reflect it. It's normal for a back and forth to take place during these negotiations, but being patient will help you achieve a fair settlement.
auto accident attorneys columbia of the car lawsuit involving an accident is discovery. During this process, both sides exchange information and evidence. Parties may request medical records, police reports, and witness statements. The parties can also exchange interrogatories, which are written questions that must be answered on oath within a certain time. Additionally, your attorney will document the extent of your physical emotional and mental injuries as well as the other damages you might seek to compensate for such as current and anticipated future medical expenses, property damage and lost wages.
Your lawyer will speak with other experts, including mechanics, medical experts and engineers. These experts can help the jury get an accurate picture of your injuries and the accident.
Your lawyer will then begin negotiations with the insurance companies to resolve your case with no trial. If the insurance company doesn't offer a fair settlement or does not take into account your injuries or other damages, your case is likely to go to trial.
Although a small percentage of cases go to trial, it is essential for victims to start a lawsuit as quickly as possible. Memories fade, witnesses die and evidence can disappear in time and it becomes difficult to make a strong case for maximum compensation. It is also important to adhere to the statute of limitations for your state that can range from 1 to 6 year.