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Phases of an Auto Accident Lawsuit
Car accident injuries can result in significant medical bills, property damage and lost wages. An experienced attorney can help to get the compensation you need.
The procedure can differ from case-to-case, but usually begins with the filing of an accusation. The discovery phase, trial and appeals are the next step.
Medical Records
Medical records are an important element of any auto accident lawsuit. They can assist a judge or jury determine the impact of the injury on your life. This includes the emotional, financial physical, and emotional expenses. Insurance companies will have a hard time to argue with the information provided by medical records.
You may only have a certain period of time, based on the laws of your state and the policy of your doctor, to obtain medical records. Consult with your lawyer as soon after an accident as is possible. Health Information Portability and Accountability Act or HIPAA, protects your right to access these documents. But, this doesn't mean that only you or your lawyer can view your medical records. Insurance companies are generally keen to look for anything that could indicate that your injuries were not pre-existing or not as severe as you claim.
Your lawyer will make use of your medical records to create a demand letter which will contain evidence to support the damages you are seeking. It is crucial that your lawyer only send relevant medical records to the insurance company, because they could ask you to sign an authorization that allows them to access all your medical records. This is not in your best interests since it could reveal previous injuries that aren't directly related to the current claim.
Police Reports
Police reports are prepared every time a law enforcement officer responds to an emergency call for example, car accidents. Even though they aren't admissible in court (they are considered hearsay), they do provide invaluable information to attorneys investigating an incident and preparing an argument.
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 the weather, the drivers, and so on. It's a vital piece of evidence which can aid in winning a lawsuit for car accidents.
You can typically request a copy of the records from the precinct responsible for the investigation. Call their emergency line and provide an original receipt or an incident number as proof of identification. The police department may also have a website on which you can request copies of records online.
You'll need to file a lawsuit against the driver at fault when your medical bills along with lost wages and property damage reach an amount. auto accident attorneys new haven can be a valuable tool during settlement negotiations, especially when you can prove that the other driver was largely at blame based on the officer's observations. In many cases, however, the parties reach a settlement without ever going to trial. It can take a while to go through the pre-trial process and your case could not be resolved for a long time.
Insurance Company Negotiations
Once an adjuster has all the details they require from you, and the investigation into the accident and investigation, they will make a settlement offer. To make their first offer, they'll input all the information and details into the computer program. They'll most likely arrive at a figure that is much lower than the one you calculated based on your study. It's important to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers.
They'll want to limit how much they have to pay in medical bills and other damages. You can fight back when you mention how your injuries will negatively impact your life in the coming years. For instance, you could highlight your growing medical bills and your lost earning potential, as being aware of the physical and mental suffering you're feeling.
Your attorney or you will then prepare the letter of demand and submit it to an insurer. This letter should include all of the evidence that you have gathered including witness statements and photos of your injuries. Also, you will create a list of the non-negotiables that will ensure that the insurance company is not undervaluing your claim. Once an agreement is reached it will be documented in a written settlement agreement. It's normal for a back and forth to occur during the negotiation process, but remaining in the moment will help you get a fair settlement.
Legal Advice
Discovery is the next phase of the lawsuit, in which both parties exchange information and evidence. Parties may request medical records and police reports as well as witness statements. The parties may also trade interrogatories which are written inquiries that have to be answered under an oath within certain times. Your attorney will also record the extent of the physical, emotional, and psychological injuries you've sustained, and any other damages which could be sought, including current and projected medical expenses along with property damage, lost wages.
Your lawyer will also speak with experts such as medical professionals mechanics, engineers, and mechanics. These experts will help paint a an accurate picture of your crash and the injuries you sustained for the jury.
Then, your lawyer will begin negotiations with insurance companies in order to try to resolve your claim without trial. However, if the insurance company provides you with a low amount of money or fails to take your injuries and other damages into consideration, your case will likely go to trial.
Although a small percentage of cases get to trial, it is important for victims to make a claim as soon as possible. Memories fade, witnesses disappear, and evidence could be lost in time, making it harder to present a convincing case for the maximum amount of compensation. You must also follow the statute of limitations for your state which can vary between 1 and 6 years.