Phases of an Auto Accident Lawsuit
Property damage, medical bills and lost wages may be substantial following an accident. An experienced lawyer can help you in obtaining the financial amount of compensation you deserve.
The procedure can differ depending on the case, but generally, it starts with the filing of an action. The discovery phase, trial and appeals are the next step.
Medical Records
Medical records are an important component of any auto accident lawsuit. They will help a judge or jury understand the impact of the accident on your life. This includes the emotional, financial physical and emotional costs. Insurance companies will have a hard time to dispute the story told by medical records.
You might only have a limited amount of time, depending on the laws of your state and the guidelines of your physician, to obtain medical records. Consult with your lawyer as soon after an accident as is possible. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these records. auto accident lawsuit el monte does not mean you or your lawyer are the only ones who are able to view your medical records. Insurance companies are often keen to uncover anything that could suggest your injuries were pre-existing or not so severe as you say.
Your lawyer will use the medical information you provide to prepare an order letter that will include evidence to support the damages you want. It is essential that your lawyer only provides relevant medical documents to the insurance company, since they might ask you to sign an authorization that permits them to access all of your medical records. This is not the best option for your claim, as it could reveal injuries from the past that are not related to the claim.
Reports of the Police
When a police officer responds to a call for help, including an accident, he or she creates a police report. Although they cannot be admitted in a court of law (they are deemed to be hearsay), they provide valuable information for attorneys when investigating and preparing cases.
A police report offers an objective account of the incident from the witness testimony of the officer and his observations regarding the weather conditions, the drivers, and other elements. It is a crucial piece of evidence that could assist you in winning an auto accident lawsuit.
Usually you can request a copy your police report from the precinct which handled the investigation by calling their emergency number and supplying an invoice or incident number to identify the report. You can request copies of the report through the police department's website.
After your medical expenses, property damage and lost wages reach the amount of a certain amount, then you'll have to bring a lawsuit against the driver at fault. The police report is an important tool in settlement negotiations, particularly when you can establish the other driver's responsibility in the light of observations made by the officer. However, many cases reach a settlement 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 the data they require from you as well as the investigation into the accident is complete, they will offer an offer of settlement. To create their initial offer, they'll enter all the details and facts into an application on computers. They'll probably arrive at a figure that is much lower than the one you calculated based on your research. When insurance companies offer settlement offers, they have their own financial interests in the back of their heads.
They'll seek to limit the amount they will have to pay for medical bills and other damages. You can fight back when you highlight the negative effects your injuries could have on you and affect your life in future. For example, you can highlight your growing medical bills, your diminished earning capacity, and the emotional and physical suffering you're suffering.
You or your attorney will then prepare an official demand letter and then present it to an insurance company. This letter should include all of the evidence that you've collected, including witnesses' statements and photographs of your injuries. You'll also prepare an inventory of the items you cannot negotiate, so you can deter the insurance company from lowballing you. Once you have reached an agreement the agreement will be recorded in an agreement for settlement in writing. Negotiations can be a back and forth, but remaining patient will assist you in negotiating a fair settlement.
Legal Advice
The next phase in the car lawsuit involving an accident is discovery, where both sides exchange information as well as evidence. Parties may seek medical records, police reports and witness statements. The parties may also trade interrogatories which are written inquiries that have to be answered under an oath within the time limit. Your attorney will also write down the extent of the physical, emotional, and psychological injuries you have suffered, in addition to any other damages that may be sought, like the current and anticipated medical expenses along with property damage, lost wages.
Your lawyer will consult with other experts like mechanics, medical experts and engineers. These experts can help the jury to get a clear picture of your injuries and accident.
Your attorney will then begin discussions with the insurance companies to settle your case without a trial. If the insurance company offers an unsatisfactory settlement or does not take your injury and other damages into account, your case will likely proceed to trial.
It is essential that victims file a lawsuit promptly even though very few cases will ever make it to the courtroom. Memories fade, witnesses can disappear, and evidence could be lost as time passes and make it difficult to establish a compelling case to get the maximum amount of compensation. In addition, you must abide with the statute of limitations in your state, which could vary from 1 to 6 years.