10 Myths Your Boss Has About Auto Accident Law

Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages could be substantial after an accident. An experienced lawyer can help you in getting the compensation you deserve.

The process is different from case to case, but generally starts by filing an action. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are an important element of any auto accident attorneys accident lawsuit. They will assist a jury or judge determine how the accident has affected your life, including the physical, emotional and financial consequences of your injuries. Insurance companies will have a hard time to refute the story portrayed by medical records.

You might only have a limited amount of time, contingent on the laws of your state and the policy of your doctor, to obtain medical records. You should consult your lawyer as soon after an accident as is possible. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these medical records. But, this doesn't mean that only you or your lawyer will be able to examine 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 utilize the medical records you provide to draft 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 might ask you to authorize them to access your complete medical record. This is not in the best interest of your claim since it could reveal past injuries not related to the claim.

Police Reports

Police reports are prepared every time a law enforcement officer responds to an emergency call and also car accidents. Although they cannot be admitted in a court of law (they are considered to be hearsay) they can provide valuable information for attorneys who are researching and preparing cases.

A police report provides an objective view of what transpired in the accident, based on witnesses' statements and observations about the vehicles' damage as well as weather conditions, drivers, and so on. It's a vital piece of evidence that can aid in winning an auto accident lawyers accident lawsuit.

You can usually request a copy from the precinct who handled the investigation. Call their non-emergency phone number and provide the receipt or incident number to prove your identity. You can also request copies of police reports on the police department's website.

You will need to file a lawsuit against the driver at fault once your medical bills, lost wages, and damages to property reach the amount of. The police report can be an essential tool in settlement negotiations, especially in cases where you can prove other driver's guilt from the evidence provided by the officer. In many cases, however, the parties reach a settlement without ever going to trial. It can take a while to work through the pre-trial procedures and your case could not be resolved for a year or more.

Insurance Company Negotiations

Once an adjuster has all of the information they require from you and the investigation into the car accident They will then extend an offer of settlement. In order to create their first offer, they'll input all the information and details into an application on computers. Most likely, they'll produce a significantly smaller amount than you anticipated from your investigation. It's important to keep in mind 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 your medical bills and other damages. You can fight back by highlighting all the ways your injuries will affect your life in the future. You can, for example highlight your growing medical bills, your diminished earning potential, as in the mental and physical suffering you're feeling.

Your attorney or you then draft a letter of demand and submit it to an insurer. The letter should contain all of the evidence that you've gathered, including witnesses' statements and photographs of your injuries. You should also make a list of non-negotiables to keep the insurance company from undervaluing your claim. Once an agreement has been reached the written settlement agreement will reflect it. It's normal for a back-andforth to take place during these negotiations, but staying in the moment will help you get a fair settlement.

Legal Advice

The next stage of the car lawsuit involving an accident is discovery, where the parties exchange information and evidence. Parties can request medical records, police reports and witness statements. The parties may also exchange interrogatories which are written inquiries that have to be answered under oath within a certain time. Your attorney will also record the extent of the physical emotional, psychological, and physical injuries you've suffered, in addition to any other damages that might be sought, like the amount of medical expenses you are currently and in the future as well as property damage and lost wages.

Your lawyer will also confer with experts like medical specialists, mechanics and engineers. These experts will help paint an accurate picture of the crash and your injuries for the jury.

Your lawyer will begin negotiations with insurance companies in order to attempt to settle your claim without a trial. If the insurance company provides you with an unsatisfactory settlement or fails to take your injuries and other damages into account the case will be heard at trial.

It is important that victims file a lawsuit as soon as possible, even if only a handful of cases make it to court. Memories fade, witnesses disappear, and evidence could be lost over time and make it difficult to present a convincing case for maximum compensation. In addition, you must abide with the statute of limitations in your state, which could vary from 1 to 6 years.