Phases of an Auto Accident Lawsuit
Car crash injuries can result in significant medical bills as well as property damage and loss of wages. An experienced lawyer can help you in obtaining the compensation you deserve.
The process can vary from case to case but typically, it starts with the filing of an action. Then comes the discovery phase and trial, as well as any appeals.
Medical Records
Medical records are a vital element of any auto accident case. They can help jurors or judges understand how the injury has affected your life, including the physical, emotional and financial costs of your injuries. Medical records will also reveal an insurance company a story they will have a difficult time disputing.
Depending on your state's laws and your doctor's guidelines depending on your state's laws and your doctor's policy, you could have a limited amount of time to request medical documents from healthcare providers. You should consult 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 documents. However, this doesn't mean that only you or your lawyer can access your medical records. Insurance companies are always looking for anything that could suggest that your injuries aren't as serious as you claim or if you have pre-existing injuries.
Your lawyer will use the medical records you provide to prepare a letter of demand that will include evidence supporting the damages you seek. Your lawyer should only provide the relevant medical documents to your insurance company. They may ask you to authorize them to access your complete medical record. This is not the best option for your claim because it could expose past injuries that are not relevant to this claim.
auto accident law firm compton Reports
Every time a police officer responds to a request for help, which could include an accident, he or she prepares a police report. Even though they're not admissible in court (they are considered hearsay) They can provide important information to attorneys when investigating an accident and preparing cases.
A police report offers an objective account of the accident which is based on the witnesses testimony of the officer and his observations of the weather conditions, the drivers, and other aspects. It is a significant evidence piece that can assist you in winning your lawsuit for car accidents against the defendant.
You can usually request a copy from the police precinct that handled the investigation. Contact their non-emergency number and provide a receipt or an incident number as identification. The police department might have a website where you can request copies of your records online.
When your medical bills or property damage, as well as lost wages exceed an amount that is a certain amount, you'll need to bring a lawsuit against the driver who is at fault. The police report can be an effective tool during settlement negotiations, particularly when you can prove that the other driver was at fault based on the officer's observations. A lot of cases are settled without having to go to trial. The pre-trial process can be long and your case might not be resolved until a year after filing it.
Insurance Company Negotiations
Once an adjuster has all the data they require from you as well as the investigation of the car accident and investigation, they will make an offer of settlement. To generate their first offer, they'll enter all the details and facts into a computer program. They'll most likely come up with a number which is lower than what you calculated from your investigation. When insurance companies make settlement offers, they've got their own financial interests in mind.
They'll seek to limit the amount they are required to pay for medical bills and other damages. You can counter by pointing out all the ways that your injuries will negatively impact your life in the future. For example, you can refer to your rising medical bills, your lost earning capacity, and the emotional and physical suffering you're suffering.
You or your attorney will then draft the letter of demand and present it to an insurance company. The letter should include all the evidence you've gathered such as witness statements and photos of your injuries. You should also make an inventory of non-negotiables in order to stop the insurance company from undervaluing your claim. Once an agreement has been reached the written settlement agreement will reflect it. Negotiations are often a back and forth, however being patient can help you achieve a fair settlement.
Legal Advice
The next phase in the car lawsuit involving an accident is discovery, where both parties exchange information and evidence. Parties can require medical records or police reports, as well as witness statements. They may also send the other interrogatories (written questions that must be completed under oath at the deadline). Your attorney will also document the severity of physical emotional, psychological, and physical 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 also speak with experts such as medical professionals, mechanics and engineers. These experts will help paint a an appealing image of the accident and your injuries for the jury.
Finally, your attorney will begin discussions with insurance companies to attempt to settle your claim without trial. If the insurance company is willing to offer you an unsatisfactory settlement or does not take your injury and other damages into account the case could progress to trial.
It is essential that victims file a lawsuit promptly, even though only a few cases get to the courtroom. Memories fade, witnesses pass away, and evidence can be lost as time passes making it more difficult to make a strong argument for the most compensation. In addition, you must abide with the statute of limitations in your state, which could be anywhere from one to six years.