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Injuries from car crashes can result in substantial medical bills, property damage, and even lost wages. An experienced lawyer can help you in receiving the compensation you deserve.
The procedure is different from case to case however, it generally begins with filing an action. Then follows the discovery phase, trial and any appeals.
Medical Records
Medical records are an essential component of any auto accident lawsuit. They can help a jury or judge comprehend how the accident affected your life, including the physical, emotional and financial burdens of your injuries. Insurance companies will find it difficult to refute the story portrayed by medical records.
You may only have a certain amount of time, depending on the laws in your state and the policy of your doctor, to obtain medical records. This is why it is important to consult with a lawyer as soon as possible after an accident. Health Information Portability and Accountability Act, or HIPAA, protects your right to access these medical records. However, this does not mean that you or your lawyer are the only ones able to access your medical records. Insurance companies are always looking for anything that could 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 that you supply to write an order letter that will include evidence in support of the damages you are seeking. Your lawyer should only give the relevant medical documents to your insurance company. They might ask you to grant them permission to access your entire medical record. This is not in the best interest of your claim as it may reveal injuries from the past that are not related to the claim.
Reports of the Police
Police reports are generated each time a police officer responds to an emergency call and also car accidents. Although they're not admissible in court (they are considered hearsay) they can provide invaluable information to attorneys investigating an accident and creating a case.
A police report provides an objective view of what happened during the crash, based on witness statements and observations about the vehicles' damage and weather conditions, drivers, and so on. It's an important document that can assist you in winning your lawsuit for car accidents against the defendant.
Usually you can request a copy of your police report from the police station that was responsible for the investigation by calling their non-emergency phone number and providing an invoice or incident number to identify the report. You can request copies of the report through the police department's website.
You will need to file a suit against the driver responsible after your medical expenses as well as lost wages and Auto Accident Lawsuits property damage reach an amount. The police report can prove to be a helpful tool in settlement negotiations, particularly when you can prove that the other driver was largely at fault, based on an officer's observations. But, many cases settle a settlement without ever going to trial. The pre-trial process can be long and your case might not be resolved until a year after you file it.
Insurance Company Negotiations
When the adjuster has all the details they require from you and your car accident investigation, he'll make an offer to settle. They will then input all the facts and details into a computer program to make their initial offer. Most likely, they'll make a smaller number than what you estimated using your study. When insurance companies make settlement offers, they've got their own financial interest in mind.
They'll wish to limit the amount they have to pay in medical bills and other damages. You can fight back when you point out how your injuries will negatively impact your life in the future. For instance, you could highlight your growing medical bills, your lost earnings capacity and the physical and emotional suffering you're suffering.
Your lawyer or attorney will then draft a demand letter and then present it to the insurer. It will contain all the evidence you've gathered such as witness statements, photos of your injuries and any documents that support your losses. You'll also prepare an inventory of your non-negotiables, so you can deter the insurance company from under-pricing you. Once an agreement is reached it will be documented in a written settlement agreement. Negotiations can be a back and forth process, but remaining patient will ensure a fair settlement.
Legal Advice
The next phase in the car lawsuit involving an accident is discovery. During this process, both parties exchange information and evidence. The parties can seek medical documents, police reports or witness statements. The parties will also exchange interrogatories which are written inquiries which have to be answered on the oath within a specified time. Additionally your lawyer will record the extent of your physical emotional and psychological injuries as well as the other damages you might seek compensation for, including existing and projected future medical expenses, property damage and lost wages.
Your lawyer will consult with other experts, like mechanics, medical professionals and engineers. They will help paint a the vivid picture of your crash and the injuries you sustained for the jury.
Your lawyer will then begin negotiations with the insurance companies in order to resolve your case without trial. If the insurance company doesn't offer you an equitable settlement or doesn't take into consideration your injuries and other losses, your case will likely be heard in court.
Although a small percentage of cases get to trial, it is crucial for victims to begin a lawsuit as soon as possible. Memory fades, witnesses pass away, Auto Accident Lawsuits and evidence can be lost in time and make it difficult to establish a compelling argument for the most compensation. Furthermore, you have to comply with the statute of limitations in your state, which can range from 1 to 6 years.
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