Phases of an Auto Accident Lawsuit
Damage to property, medical bills, and lost wages can be significant after an auto accident. An experienced attorney can assist you in getting the amount you are due.
The process varies from case to case but generally, it begins with filing a complaint. This is followed by the discovery phase and trial, as well as any appeals.
Medical Records
Medical records are an essential element of any auto accident case. They will assist the judge or jury determine how the accident has affected your life, as well as the physical, emotional and financial burdens of your injuries. Medical records will also reveal an account that insurance companies will have a hard to dispute.
You may only have a specific amount of time, contingent on the laws in your state and the policy of your doctor, to obtain medical records. This is the reason you should consult with a lawyer immediately after an accident. The law guarantees access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer can see your medical records. Insurance companies are always looking for anything that might suggest your injuries might not be as severe as you think or have a pre-existing condition.
Your lawyer will use your medical records in order to prepare a demand letter which will contain evidence to support the damages you're seeking. Your lawyer should only supply the relevant medical records to your insurance company. They may request you to allow them to access your complete medical record. This is not in your best interest as it could reveal past injuries that are not related to the current claim.
Reports of Police
Police reports are prepared every time a law enforcement officer responds to an emergency, including car accidents. Although they are not admissible in a court of law (they are deemed to be hearsay) they are valuable information to attorneys when they are researching and preparing cases.
A police report provides an objective account of the accident which is based on the witnesses testimony of the officer and his observations regarding the weather conditions, drivers, and other aspects. It is a crucial evidence that can aid in winning a lawsuit in a car accident.
Usually, you can request a copy your police report from the police station that was responsible for the investigation by calling their non-emergency number and supplying the receipt or incident number to identify the report. You can also request copies of records through the website of the police department.
If your medical bills or property damage, as well as lost wages are at an amount you can afford, you will need to file a lawsuit against the driver at fault. The police report can prove to be a helpful tool during settlement negotiations, especially if you can prove that the other driver was at fault based on the officer's observations. However, many cases reach an agreement without going to trial. It could take a long time to go through the pre-trial procedures and your case might not be resolved for a long time.
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Once an adjuster has all the details they require from you and the investigation of the car accident is complete, they will offer an offer of settlement. To generate their first offer, they'll input all the information and details into the computer program. Most likely, they'll produce a significantly smaller amount than you anticipated in your study. When insurance companies make settlement offers, they've got their own financial interests in their minds.
They'll be looking to reduce the amount they pay in medical bills and other damages. You can counter by highlighting the ways in which your injuries could affect your life in the near future. For instance, you could you can highlight the mounting medical bills and the loss of earning potential, as well as the physical and mental suffering you're feeling.
Your lawyer or you create a demand letter and then present it to the insurer. The letter should include all the evidence you've gathered, including witness statements and photos of your injuries. You'll also prepare an outline of your non-negotiables, so you can deter the insurance company from negotiating with you. Once you have reached an agreement, it will be reflected in a written settlement agreement. It's common for a back-and-forth to take place during these negotiations, but staying patient will help you reach an equitable settlement.
Legal Advice
The next stage in the car accident lawsuit is discovery, during which the parties exchange information and evidence. The parties may request medical records, police reports, and witness statements. The parties may also trade interrogatories which are written questions that have to be answered under the oath within a specified time. Your attorney will also document the extent of physical emotional, psychological, and physical traumas you've suffered in addition to any other damages that might be sought out, such as the current and anticipated medical expenses along with property damage, lost wages.
Your lawyer will also talk with experts such as medical professionals mechanics, engineers, and mechanics. These experts will help paint a an appealing image of your crash and the extent of your injuries to the jury.
Your attorney will then start negotiations with insurance companies in order to settle your case without a trial. However, if the insurance company offers a low settlement or does not take your injuries and other damages into consideration, your case will likely be heard at trial.
It is essential that victims file a lawsuit promptly, even if only a handful of cases get to court. Memory fades, witnesses disappear and evidence may be lost as time passes making it more difficult to build a strong case for the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.