14 Common Misconceptions About Auto Accident Law
Phases of an Auto Accident Lawsuit
Damage to property, medical bills and lost wages may be substantial following an accident in the car. An experienced lawyer can help you in receiving the justice you deserve.
The procedure varies from case-to-case, but generally, it begins with filing an action. The discovery phase, trial, and appeals are the next step.
Medical Records
Medical records are an essential element of any auto accident case. They can assist the jury or judge determine the impact of the accident on your life. This includes the financial, emotional, and physical costs. Insurance companies will have a hard time to argue with the information provided by medical records.
According to the laws of your state and the policy of your doctor You may be granted a limited amount of time to request medical records from healthcare providers. This is the reason you should speak with your lawyer as soon as possible following an accident. The law guarantees access to these records through 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 view your medical records. Insurance companies will often try to uncover anything that could suggest that your injuries were pre-existing or not as severe as you claim.
Your lawyer will make use of your medical records to draft a demand letter, that will include evidence to justify the damages you seek. It is essential that your lawyer only provides relevant medical records to the insurance company, as they may request you to sign a medical authorization that permits them to access all your medical records. This is not in your best interests as it could reveal past injuries that aren't directly related to the present claim.
Police Reports
Every time a police official responds to a call for assistance, or an accident, he prepares a police report. While they cannot be used in the courts of law (they are deemed to be hearsay), they provide valuable information for attorneys who are conducting investigations and preparing cases.
A police report provides an objective report of what happened during the accident, based on witnesses' statements and the officer's observations regarding the damage to the vehicle the weather, the drivers, and so on. It's an important evidence piece that can help you win your lawsuit for car accidents against the defendant.
You can usually request a copy from the precinct that was responsible for the investigation. Call their non-emergency line and provide an invoice or an incident number for identification. You can also request copies of records through the department's website.
You'll have to file a lawsuit against the driver who was at fault after your medical expenses or lost wages property damage reach the amount of. The police report can be a useful tool during settlement negotiations, particularly if you can prove that the other driver was at fault based on the officer's observations. Many cases end up reaching settlements without ever going to trial. It can take a while to work through the steps before trial 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 as well as the car accident investigation is complete, they will offer a settlement offer. They will enter all the information and facts into a computer program to make their initial offer. Most likely, they'll make a smaller amount than you anticipated based on your research. When insurance companies offer settlement offers, they've got their own financial interests in the back of their heads.
They'll want to reduce the amount they'll need to pay for your medical expenses and other damage. You can fight back when you highlight the negative effects your injuries could have on you and impact your life in the coming years. You could, for instance highlight your growing medical bills and your lost earning potential, as well as the mental and physical suffering you're feeling.
You or your lawyer will prepare a demand form and present it to the insurance company. It will contain all the evidence you have gathered, including witness statements, photos of your injuries and any documentation supporting your losses. You should also make a list of non-negotiables to prevent the insurance company from undervaluing your claim. After auto accident lawyer rock hill has been reached, the written settlement agreement will reflect it. Negotiations can be a back and forth, however remaining patient will aid in achieving a fair settlement.
Legal Advice
The next phase in the car lawsuit involving an accident is discovery. During this process, both parties exchange information and evidence. Parties can seek medical documents, police reports or witness statements. They can also send each other interrogatories (written questions that must be completed under oath at the expiration of a specific time). Additionally the attorney will also document the extent of your physical emotional and psychological injuries and the additional damages you might seek to compensate for such as current and anticipated future medical costs, property damage, and lost wages.
Your lawyer will also talk with experts such as medical professionals, mechanics and engineers. These experts can assist the jury get an accurate picture of your accident and injuries.
Your attorney will then start discussions with insurance companies to settle your case without a trial. If the insurance company provides you with a low amount of money or does not take your injury and other damages into consideration your case is likely to progress to trial.
It is crucial that victims file a lawsuit immediately, even though few cases make it to court. With time, memories fade, witnesses die and evidence is lost, making it more difficult to make a strong claim for the most compensation. You must also comply with the statute of limitations for your state, which can vary between 1 and 6 years.