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Injuries from car crashes can result in significant medical bills along with property damage and lost wages. An experienced attorney can assist you in obtaining the amount of compensation you deserve.
The process is different from case to case, however, generally it starts with filing an action. Then follows the discovery phase and trial, as well as any appeals.
Medical Records
Medical records are an essential component of any auto accident lawsuit. They can help a judge or jury determine the impact of the accident on your life. This includes the financial, emotional physical and emotional costs. Insurance companies will find it difficult to challenge the narrative told by medical records.
You might only have a limited amount of time, [empty] depending on the laws in your state and the policy of your doctor, to request medical records. This is why you should discuss your legal needs as soon as you can following an accident. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these medical records. However, this doesn't mean that you or your lawyer are the only ones who are able to examine your medical records. Insurance companies are usually keen to look for anything that could suggest that your injuries are pre-existing or not as severe as you claim.
Your lawyer will make use of the medical records you provide to prepare a letter of demand that will include evidence to support the damages you're seeking. It is essential that your lawyer only send relevant medical records to the insurance company, since they might ask you to sign a medical authorization that permits them to access all your medical records. This is not in the best interest of your claim, as it could reveal past injuries not related to this claim.
Police Reports
When a police officer responds to a request for help, including an accident, he makes a police report. While they're not admissible in court (they are considered hearsay) however, they provide invaluable information to attorneys investigating an accident and preparing a case.
A police report is an objective view of what happened in the accident, based on witnesses' statements and the officer's observations about the vehicle's damage the weather, the drivers, and so on. It is a crucial piece of evidence that can aid in winning a car accident lawsuit.
Usually, you can request a copy of your police report from the precinct which was responsible for the investigation by calling their non-emergency line and providing an invoice or incident number to identify it. You can also request copies of records through the website of the police department.
After your medical expenses as well as property damage and lost wages exceed an amount that is a certain amount, you'll need to file a lawsuit against the driver at fault. The police report can prove to be a helpful tool during settlement negotiations, especially if you can prove that the other driver was at blame based on the officer's observations. A lot of cases are settled without 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 the adjuster has all the details they require from you and your automobile accident investigation, they will make a settlement offer. They will then input all the facts and details into a computer program in order to generate their initial offer. Most likely, they'll make a smaller amount than you anticipated based on your study. When insurance companies offer settlement offers, they have their own financial interest in the back of their heads.
They will be looking to reduce the amount they will have to pay for medical bills and other damages. You can counter by highlighting the ways in which your injuries will negatively impact your life going forward. For instance, you could highlight your growing medical bills, your diminished earning capacity and the emotional and physical suffering you're suffering.
Your lawyer or you will then draft a demand letter and then present it to the insurer. This should include all the evidence you've gathered, including statements from witnesses, photographs of your injuries, and any evidence to support your losses. You'll also prepare a list of your non-negotiables so you can deter the insurance company from undercutting you. Once an agreement has been reached the settlement agreement written will reflect it. It's normal for a back and forth to occur during these negotiations, but remaining calm will allow you to reach a fair settlement.
Legal Advice
Discovery is the next phase of the lawsuit, during which the parties exchange information and evidence. Parties can request medical records, police reports, as well as witness statements. The parties will also exchange interrogatories that are written questions that must be answered on oath within a certain time. Additionally your lawyer will record the extent of your physical, emotional and psychological injuries in addition to the other damages you could seek compensation for such as current and anticipated future medical costs, property damage, and lost wages.
Your lawyer will confer with other experts, like mechanics, medical professionals, and engineers. These experts can help the jury to get an accurate picture of your injuries and accident.
Finally, your attorney will begin negotiations with insurance companies to attempt to settle your claim with out a trial. If the insurance company is willing to offer you a low settlement or does not take your injuries and other damages into consideration, your case will likely proceed to trial.
While only a few cases get to trial, it is important for victims to begin a lawsuit as soon as possible. Memory fades, witnesses pass away, and evidence can be lost as time passes and it becomes difficult to establish a compelling case for the maximum amount of compensation. You must also adhere to the statute of limitations in your state which can range between 1 and 6 years.
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