10 Inspirational Images Of Auto Accident Law
Phases of an Auto Accident Lawsuit
Damage to property, medical bills and lost wages may be substantial after an auto accident. An experienced attorney can assist you in obtaining the justice you deserve.
The process can vary depending on the case, but usually begins with the filing of an action. The discovery phase, trial, and appeals are the next step.
Medical Records
Medical records are an important component of any auto accident lawsuit. They can help jurors or judges know the effects of the injury on your life. This includes the emotional, financial physical, and emotional costs. Insurance companies will have a hard time to argue with the information provided by medical records.
auto accident lawsuit college station might only have a limited amount of time, depending on the laws of your state and the guidelines of your physician, to request medical records. This is the reason you should discuss your legal needs as soon as you can after an accident. The law guarantees access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer will be able to examine your medical records. Insurance companies are generally keen to discover anything that may 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 include evidence to support the damages you seek. It is important that your lawyer only send relevant medical documents to the insurance company, because they could ask you to sign an authorization that permits them to access all your medical records. This is not in your best interests because it could reveal prior injuries that aren't directly related to the present claim.
Police Reports
Every time a police official responds to a call for help, including an accident, he or she makes a police report. While they cannot be used in the courts of law (they are considered to be hearsay), they provide valuable information to attorneys when they are investigating and preparing cases.
A police report is an objective account of the incident which is based on the witnesses' testimony and the officer's observations of the weather conditions, the drivers, and other aspects. It is an important piece of evidence that could assist you in winning an auto accident lawsuit.
Usually you can request a copy of your police report from the local police department that was responsible for the investigation by calling their non-emergency number and providing the receipt or incident number to identify it. The police department might also have a website where you can request copies of your records online.
You will need to file a suit against the driver at fault after your medical expenses, lost wages, and property damage have reached the amount of. The police report can be a valuable tool during settlement negotiations, particularly when you can demonstrate that the other driver was at fault, based on an officer's observations. In many cases, however, the parties reach an agreement without going to trial. It could take a long time to complete the pre-trial process and your case might not be resolved for a year or more.
Insurance Company Negotiations
Once an adjuster has all the details they require from you as well as the investigation into the accident, they will extend an offer of settlement. They will put all the information and facts into a computer program in order to make their initial offer. They'll likely be able to come up with a figure which is significantly lower than the number you calculated based on your study. When insurance companies offer settlement offers, they have their own financial interests in their minds.
They'll want to limit the amount they have to pay for medical expenses and other damage. You can counter by pointing out the many ways that your injuries will negatively impact your life in the future. You can, for example mention your increasing medical bills and your lost earning potential, as in the mental and physical suffering you are experiencing.
Your attorney or you then prepare the letter of demand and submit it to an insurer. The letter should contain all of the evidence that you have gathered including witnesses' statements and photographs of your injuries. You should also make a list of non-negotiables to ensure that the insurance company is not undervaluing your claim. After an agreement has been reached, the written settlement agreement will reflect it. It's normal for a back-andforth to occur during the negotiation process, but remaining patient will help you achieve an equitable 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 and witness statements. They can also send another interrogatories (written questions that need to be completed under oath at the end of a specified time). Additionally your attorney will provide documentation of the extent of your physical emotional and psychological injuries and the additional damages you may be seeking to recover that are incurred, such as future medical costs, property damage, and lost wages.
Your lawyer will also confer with experts like medical specialists mechanics, engineers and mechanics. These experts can assist the jury get clear information about your injuries and the accident.
Your lawyer will then start negotiations with insurance companies to settle your case without a trial. However, if the insurance company offers you a low settlement or does not take your injuries and other damages into account the case will go to trial.
It is important that victims file a suit as soon as they can even though very few cases make it to court. Memory fades, witnesses die and evidence can disappear over time and it becomes difficult to present a convincing argument for the most compensation. Additionally, you must comply with the statute of limitations in your state, which can be anywhere from one to six years.
