20 Fun Infographics About Auto Accident Law
Phases of an Auto Accident Lawsuit
Car accident injuries could result in significant medical bills, property damage, and even lost wages. An experienced lawyer can assist you receive the compensation you need.
The process varies from case to case however, generally it starts with filing a complaint. Then comes the discovery phase, trial and any appeals.
Medical Records
Medical records are a vital element of any auto accident case. They will help jurors or judges understand how the injury has affected your life, as well as the physical, emotional and financial cost of your injuries. Insurance companies will be unable to argue with the information provided by medical records.
According to the laws of your state and your doctor's policy You may be granted a limited amount of time to request medical records from your healthcare provider. This is why you should consult with a lawyer whenever you can following an accident. The law provides access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). 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 might suggest that your injuries aren't as serious as you claim or pre-existing.
Your lawyer will use your medical records to draft a demand letter, which will contain evidence to support the damages you seek. Your lawyer should only provide the relevant medical documents to your insurance company. They might request you to allow them to access your entire medical record. This is not in the best interest of your claim because it could reveal injuries from the past that are not related to this claim.
Reports of the Police
Every time a police official responds to a call for help, which could include an accident, he produces a report. Even though they aren't admissible in court (they are deemed to be hearsay) they can provide invaluable information to attorneys investigating an accident and preparing the case.
A police report is an objective report of what happened during the crash, based on witness statements and the officer's observations regarding the damage to the vehicle and weather conditions, drivers, and so on. It's a crucial piece of evidence that can assist you in winning your lawsuit for car accidents against the defendant.
Typically you can request a copy your police report from the precinct which was responsible for the investigation by calling their non-emergency phone number and supplying an incident or receipt to identify the report. You can request copies of your police report through the website of the police department.
After your medical bills as well as property damage and lost wages are at a certain amount, you'll have to make a claim against the driver at fault. The police report can prove to be a helpful tool during settlement negotiations, particularly when you can prove that the other driver was at fault based on the police officer's observations. Many cases are settled without having to go to trial. It can take a while to work through the pre-trial process and your lawsuit might not be resolved for a long time.
Insurance Company Negotiations
Once the adjuster has all of the details they require from you and your automobile accident investigation, he'll make an offer for settlement. To generate their first offer, they'll enter all the details and facts into the computer program. Most likely, they will arrive at a less than the amount you calculated in your investigation. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.
They'll want to reduce the amount they'll have to pay for medical bills and other damage. You can counter by highlighting the ways in which your injuries will negatively impact your life in the near future. For instance, you could highlight your growing medical bills, your diminished earning potential, as in the mental and physical suffering you're experiencing.
You or your attorney will prepare an official demand letter and then present it to an insurance company. The letter should contain all of the evidence that you've gathered, including witnesses' statements and photographs of your injuries. You will also create a list of the non-negotiables that will ensure that the insurance company is not undervaluing your claim. Once you have reached an agreement it will be documented in an agreement for settlement in writing. It's common for a back-and-forth to take place during the negotiation process, but remaining calm will allow you to reach a fair settlement.
Legal Advice
Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. Parties can request medical records, police reports, and witness statements. The parties can also exchange interrogatories, which are written questions that have to be answered under oath within a certain time. Your attorney will also write down the extent of the physical, emotional, and psychological traumas you've suffered as well as any other damages which could be sought, including the current and anticipated medical expenses, property damage, and lost wages.
Your lawyer will talk to other experts, like mechanics, medical specialists and engineers. These experts can assist the jury get a clear picture of your injuries and accident.
auto accident law firm chino will begin negotiations with insurance companies to attempt to settle your claim with out a trial. If the insurance company doesn't offer an equitable settlement or doesn't take into consideration your injuries and other losses, your case is likely to go to trial.
It is vital that victims file a lawsuit promptly, even though few cases make it to the courtroom. With time, memories fade, witnesses pass away, and evidence disappears and makes it harder to present a compelling case for maximum compensation. It is also important to adhere to the statute of limitations in your state which can vary from 1 to 6 years.