5 Killer Quora Answers On Auto Accident Law

Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages may be significant after an auto accident. A knowledgeable attorney can assist you in getting the amount you are due.

The process is different depending on the case, however, it generally begins with filing a complaint. The discovery phase, trial, and any appeals follow.

Medical Records

Medical records are an essential part of any auto accident lawsuit. They will assist a judge or jury understand the impact of the accident on your life. This includes the financial, emotional, and physical costs. Medical records will also reveal a story that insurance companies will have a tough to argue.

In accordance with the laws of your state and your doctor's policy, you may have a limited amount of time to request medical documents from healthcare providers. This is the reason you should consult with a lawyer whenever you can following an accident. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these medical records. However, this doesn't mean that you or your lawyer are the only ones who are able to look over your medical records. Insurance companies constantly look for evidence that suggests your injuries may not be the severity you claim or pre-existing.

Your lawyer will use the medical information that you supply to write the letter of demand, which will include evidence in support of the damages you seek. It is imperative that your lawyer only send relevant medical records to the insurance company, since they might ask you to sign an authorization that permits them to access all your medical records. This is not in the best interest of your claim because it could reveal injuries from the past that are not related to the claim.

Police Reports

Police reports are generated every time a law enforcement officer responds to an emergency, including car accidents. Although they are not admissible in the courts of law (they are deemed to be hearsay) they can provide valuable information to attorneys in the process of investigating and preparing their cases.

A police report gives an objective account of the accident which is based on the witnesses' testimony and the officer's observations of the weather conditions, drivers, and other factors. It is a crucial piece of evidence that could aid you in winning an auto accidents accident lawsuit.

You can usually request a copy of the records from the precinct that was responsible for the investigation. Call their non-emergency line and provide an invoice or an incident number as identification. The police department may also have a website on which you can request copies of your records online.

You will need to file a suit against the person who caused the accident when your medical bills along with lost wages and property damage exceed an amount. The police report can prove to be a helpful tool during settlement negotiations, especially when you can demonstrate that the other driver was largely at fault, based on an officer's observations. A lot of cases are settled without having to go to trial. It can take a while to go through the pre-trial procedures and your lawsuit might not be resolved for a long time.

Insurance Company Negotiations

When the adjuster has all of the information they need from you and your vehicle accident investigation, he will make an offer of settlement. In order to create their first offer, they will enter all the information and details into an application on computers. They'll probably produce a number that's much lower than what you calculated from your investigation. When insurance companies offer settlement offers, they've got their own financial interests in mind.

They'll wish to limit the amount they are required to pay for medical bills and other damages. You can counter by highlighting the many ways that your injuries will negatively impact your life in the future. For instance, you can point to your mounting medical bills, the loss of earning potential, and the emotional and physical suffering you're going through.

Your attorney or you will then prepare the letter of demand and submit it to an insurer. The letter should include all of the evidence that you've gathered, including witness statements and photos of your injuries. Also, you'll make an outline of your non-negotiables so you can prevent the insurance company from undercutting you. When an agreement is reached and ratified, it will be included in an agreement for settlement in writing. It's normal for a back and forth to take place during these negotiations, but remaining calm will allow you to reach an acceptable settlement.

Legal Advice

The next step in a car accident lawsuit is discovery. During this process, the parties exchange information and evidence. Parties can seek medical records, police reports and witness statements. The parties may also exchange interrogatories which are written inquiries that must be answered on oath within a certain time. Additionally your attorney will provide documentation of the extent of your physical emotional and psychological traumas and any other damages you might seek compensation for that are incurred, such as future medical costs, property damage, and lost wages.

Your lawyer will also confer with experts such as medical specialists as well as mechanics and engineers. These experts will help paint an accurate picture of the crash and the injuries you sustained for the jury.

Your lawyer will then begin negotiations with the insurance companies in order to settle your case without a trial. If the insurance company doesn't provide you with an equitable settlement or does not consider your injuries and other damages, your case is likely to be heard in court.

Although a small percentage of cases make it to trial, it is essential for victims to file a lawsuit as soon as they can. As time passes, memories fade, witnesses die and evidence is lost which makes it more difficult to make a strong claim for the most compensation. Furthermore, you have to comply with the statute of limitations in your state, which could vary from 1 to 6 years.