Kazuko Hildreth asked 1 year ago
Phases of an Auto Accident Lawsuit
Medical bills, property damage, and lost wages can be substantial following a car accident. An experienced lawyer can help you in receiving the compensation you deserve.
The process varies depending on the case, however, generally it starts with filing an action. This is followed by the discovery phase, trial and any appeals.
Medical Records
Medical records are an essential element in any auto accident claim accident lawsuit. They will aid a jury or judge determine how the auto accident litigation has affected your life, including the emotional, physical and financial cost of your injuries. Medical records will also tell the story that insurance companies will have a tough to argue.
In accordance with the laws of your state and the policy of your doctor depending on your state’s laws and your doctor’s policy, you could have the time to request medical records from your healthcare provider. You should consult your lawyer as soon after an accident as it is possible. Health Information Portability and Accountability Act (HIPAA) HIPAA ensures that you have the right to access these medical records. But, this doesn’t mean that only you or your lawyer can see your medical records. Insurance companies will often try to find anything that might indicate that your injuries were not pre-existing or not as severe as you think.
Your lawyer will use the medical information you provide to create the letter of demand, which will include evidence to support the damages you’re seeking. It is crucial to ensure that your lawyer provides 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 your best interests because it could reveal prior injuries that aren’t connected to the present claim.
Reports of the Police
Police reports are produced each time a police officer responds to an emergency for example, car accidents. Although they cannot be admitted in a court of law (they are deemed to be hearsay) they are valuable information for attorneys when conducting investigations and preparing cases.
A police report provides an objective account of what transpired in the accident, based on witnesses’ testimony and observations by the officer about the vehicle’s damage the weather, auto accident lawsuit the drivers, and so on. It’s a crucial document that can help you win your car accident lawsuit against the defendant.
Usually, you can request a copy your police report from the police station that was responsible for the investigation by calling their non-emergency line and supplying the 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 suit against the driver who was at fault after your medical expenses along with lost wages and property damage have reached a certain value. The police report can be a valuable tool in settlement negotiations, especially when you can prove that the other driver was largely at fault based on the police officer’s observations. But, many cases settle an agreement without ever going to trial. The process of preparing for trial can be lengthy and your case may not be resolved until a year after you file it.
Insurance Company Negotiations
Once an adjuster has all the information they require from you and the investigation into the auto accident settlement is complete, they will offer an offer of settlement. In order to create their first offer, they’ll input all the details and facts into a computer program. They’ll likely produce a number which is lower than what you calculated based on your research. When insurance companies make settlement offers, they’ve got their own financial interests in mind.
They’ll want to limit how much they are required to pay for medical bills and other damages. You can counter by highlighting all the ways that your injuries could affect your life in the near future. You can, for example highlight your growing medical bills and lost earning potential, as well being aware of the physical and mental suffering you’re feeling.
You or your attorney will prepare an order letter and submit it to an insurer. This should include all the evidence you have gathered including statements from witnesses, photographs of your injuries as well as any evidence to support your losses. You’ll also make a list of your non-negotiables, so you can prevent the insurance company from under-pricing you. Once you have reached an agreement, it will be reflected in a written settlement agreement. Negotiations are often a back and forth process, but perseverance will help you achieve a fair settlement.
Legal Advice
Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. The parties may seek medical records, police reports and witness statements. They will also send the other interrogatories (written questions that need to be answered under oath by the end of the specified time). Your attorney will also record the extent of physical mental, emotional, or psychological injuries you’ve suffered, as well as any other damages that may be sought, such as current and projected medical expenses as well as property damage and lost wages.
Your lawyer will confer with other experts, like medical specialists, mechanics, and engineers. These experts can help the jury get clear information about your injuries and accident.
Your lawyer will then start discussions with insurance companies to settle your case without a trial. However, if the insurance company offers you a low settlement or does not take your injury and other damages into consideration the case could proceed to trial.
While a small number of cases do go to trial it is important for victims to begin a lawsuit as soon as they can. The memories fade, witnesses disappear, and evidence could be lost in time, making it harder to establish a compelling argument for the most compensation. You must also follow your state’s statute of limitations which can vary from 1 to 6 year.