Five Things Everybody Does Wrong About Auto Accident Law
Phases of an Auto Accident Lawsuit
Injuries from car crashes can result in significant medical bills as well as property damage and loss of wages. A knowledgeable attorney can assist you in obtaining the financial compensation you deserve.
The procedure is different from case-to-case, but generally starts by filing an action. The discovery phase, trial and appeals follow.
Medical Records
Medical records are a vital part of any auto accident case. They can help the jury or judge comprehend the impact of the injury on your life. This includes the emotional, financial, and physical costs. Medical records can also tell an insurance company a story they will have a hard to dispute.
Depending on your state's laws and your doctor's policy, you may have a limited amount of time to request medical records from your healthcare provider. Consult with your lawyer as soon after an accident as you can. The law provides access to these documents through the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer will be able to see your medical records. Insurance companies are generally keen to uncover anything that could suggest your injuries were pre-existing or not as severe as you claim.
auto accident attorneys edmond will use your medical records in order to create a demand letter that will include evidence to justify the damages you're seeking. It is important to ensure that your lawyer provides relevant medical records to the insurance company, since they might ask you to sign an authorization that permits them to access all your medical records. This is not in your best interests since it could expose past injuries that aren't connected to the current claim.
Police Reports
Police reports are prepared each time a police officer responds to an emergency for example, car accidents. Although they cannot be admitted in the courts of law (they are deemed to be hearsay), they provide valuable information to attorneys in the process of investigating and preparing their cases.
A police report is an objective assessment of what happened during the accident, based on witnesses' testimonies and the officer's observations about the vehicle's damage and weather conditions, drivers and more. It's an important evidence that can assist you in winning a lawsuit in a car accident.
Usually you can request a copy your police report from the local police department that handled the investigation by calling their emergency number and providing an incident or receipt to identify the report. You can also request copies of police reports through the website of the police department.
You will need to file a suit against the driver at fault after your medical expenses as well as lost wages and property damage exceed a certain value. The police report is an essential tool in settlement negotiations, especially in cases where you can prove other driver's guilt based on observations made by the officer. Many cases end up reaching an agreement without ever going to trial. The pre-trial process can be long and your case might not be resolved until one year after filing it.
Insurance Company Negotiations
Once an adjuster has all the information they require from you and the car accident investigation is complete, they will offer an offer for settlement. To make their first offer, they'll input all the details and facts into a computer program. Most likely, they'll arrive at a less than the amount you calculated based on your study. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.
They'll be looking to reduce the amount they have to pay in medical bills and other damages. You can fight back if mention 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 lost earning potential, as well as the mental and physical pain you're experiencing.
Your attorney or you prepare an official demand letter and then present it to an insurance company. This letter will include all the evidence you've gathered such as witness statements and photos of your injuries. You should also create an outline of your non-negotiables so you can prevent the insurance company from undercutting you. Once you have reached an agreement and ratified, it will be included in a written settlement agreement. Negotiations are often a back and forth affair, but perseverance will ensure a fair settlement.
Legal Advice
Discovery is the next stage of the lawsuit in which the parties exchange information and evidence. Parties may seek medical documents, police reports or witness statements. They will also provide another interrogatories (written questions that must be completed under oath at the end of the specified time). Your lawyer will also record the severity of the physical, emotional, and psychological traumas you've suffered and any other damages that could be sought, like future and current medical expenses or property damage, as well as lost wages.
Your lawyer will confer with other experts like mechanics, medical specialists and engineers. These experts can assist the jury to get an accurate picture of your injuries and the accident.
Your lawyer will begin negotiations with insurance companies to try to resolve your claim without trial. If the insurance company provides you with a low settlement or does not take your injury and other damages into account your case is likely to go to trial.
Although few cases actually make it to trial, it is crucial for victims to begin a lawsuit as soon as possible. Memories fade, witnesses disappear and evidence may be lost in time, making it harder to make a strong case for maximum compensation. Additionally, you must comply with the statute of limitations in your state, which could range from 1 to 6 years.
