Phases of an Auto Accident Lawsuit
Car crash injuries could result in significant medical bills, property damage, and even lost wages. An experienced lawyer can help you in obtaining the amount you are due.
The procedure is different depending on the case, but generally starts by filing a complaint. Then comes the discovery phase, trial and any appeals.
Medical Records
Medical records are an essential part of any auto accident lawsuit. They will assist jurors or judges to understand the impact of the injury on your life. This includes the financial, emotional physical, and emotional costs. Medical records will also reveal a story that insurance companies will have a tough time disputing.
According to the laws of your state and the policies of your doctor, you may have only a short amount of time to request medical records from your healthcare provider. This is the reason why you should discuss your legal needs as soon as you can after an accident. Health Information Portability and Accountability Act or HIPAA ensures that you have the right to access these records. But, this doesn't mean that only you or your attorney can access your medical records. Insurance companies are always looking for evidence that could indicate that your injuries aren't the severity you claim or have a pre-existing condition.
Your lawyer will use your medical records in order to draft a demand letter, which will include evidence to support the damages you seek. Your lawyer must only provide the relevant medical documents to your insurance company. They might ask you to authorize them to access your complete medical record. This is not beneficial to your claim, as it could expose past injuries that are not relevant to this claim.
Reports of Police
Each time a police officer responds to a request for help, including an accident, he prepares a police report. While they're not admissible in court (they are considered to be hearsay) however, they provide invaluable information to attorneys investigating an incident and preparing cases.
A police report provides an impartial account of the accident that is based on the witness testimony of the officer and his observations regarding the weather conditions, the drivers, and a variety of other factors. It is a crucial piece of evidence which can help you win an auto accident lawsuit.
Typically, you can request a copy of your police report from the local police department that was responsible for the investigation by calling their emergency number and supplying the receipt or incident number to identify it. You can also request copies of records through the department's website.
After your medical expenses as well as property damage and lost wages exceed the amount of a certain amount, then you will need to file a lawsuit against the driver who is at fault. The police report can prove to be a helpful tool in settlement negotiations, especially in cases where you can show that the other driver was largely at fault based on the officer's observations. But, many cases settle an agreement without ever going to trial. Pre-trial proceedings can take a long time and your case might not be resolved until a year after you file it.
Insurance Company Negotiations
Once an adjuster has all of the information they require from you as well as the car accident investigation is complete, they will offer a settlement offer. In order to create their first offer, they'll enter all the information and details into the computer program. Most likely, they will arrive at a smaller amount than you anticipated from your investigation. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.
They will be looking to reduce the amount they will have to pay for medical bills and other damages. You can fight back by highlighting all the ways your injuries will affect your life in the future. For instance, you can mention your increasing medical bills and your lost earnings potential, as well being aware of the physical and mental suffering you're feeling.
Your attorney or you create the letter of demand and submit it to an insurance company. The letter should contain all the evidence you've gathered, including witness statements and photos of your injuries. Additionally, you should create a list of non-negotiables to prevent the insurance company from undervaluing your claim. When an agreement is reached it will be documented in a written settlement agreement. Negotiations are usually back and forth, however perseverance will assist you in negotiating a fair settlement.
Legal Advice
The next stage of the car accident lawsuit is discovery. During this process, both sides exchange information as well as evidence. auto accident lawyer newton can request medical records, police reports, and witness statements. The parties may also trade interrogatories which are written inquiries which have to be answered on oath within a certain time. Your lawyer will also record the extent of physical emotional, psychological, and physical injuries you've sustained, in addition to any other damages that could be sought out, such as current and projected medical expenses or property damage, as well as lost wages.
Your lawyer will talk to other experts, like medical specialists, mechanics and engineers. These experts will help paint the vivid image of your crash and the injuries you sustained for the jury.
Then, your lawyer will begin negotiations with insurance companies to attempt to resolve your claim without trial. If the insurance company does not provide you with a fair settlement or does not consider your injuries or other damages, your case is likely to go to trial.
Although few cases actually go to trial it is crucial for victims to start a lawsuit as quickly as is possible. Memories fade, witnesses die and evidence can disappear as time passes and make it difficult to build a strong case for the maximum amount of compensation. It is also important to adhere to your state's statute of limitations, which can vary between 1 and 6 years.