The History Of Auto Accident Law
Phases of an Auto Accident Lawsuit
Car crash injuries can lead to significant medical bills as well as property damage and loss of wages. An experienced lawyer can assist you in obtaining the amount of compensation you deserve.
The process can vary from case to case, but generally, it begins with the filing of the complaint. The discovery phase, trial, and appeals are the next step.
Medical Records
Medical records are a vital part of any auto accident case. They will assist jurors or judges determine how the accident has had an impact on your life, including the emotional, physical and financial burdens of your injuries. Insurance companies will find it difficult to refute the story portrayed by medical records.
Based on the laws of your state and your doctor's guidelines, you may have only a short amount of time to request medical records from your healthcare provider. This is why you should speak with your lawyer as soon as possible after an accident. The law protects your access to these documents through the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones able to look over your medical records. Insurance companies are always looking for anything that suggests that your injuries aren't as severe as you think or have a pre-existing condition.
Your lawyer will use the medical records you provide to draft the letter of demand that includes evidence to justify the damages you are seeking. It is essential that your lawyer only send relevant medical records to the insurance company, because they could ask you to sign a medical authorization that permits them to access all of your medical records. This is not in the best interest of your claim since it could expose past injuries that are not relevant to this claim.
Police Reports
Police reports are prepared each time a law enforcement officer responds to an emergency call or accident, such as car accidents. Although they're not admissible in court (they are considered hearsay) they can provide valuable information to attorneys when investigating an incident and preparing a case.
A police report gives an objective account of the accident, based on the witness' testimony as well as the officer's observations of the weather conditions, drivers, and other elements. It is a significant evidence piece that can aid you in winning your lawsuit for car accidents against the defendant.
You can typically request a copy from the precinct who handled the investigation. Call their non-emergency phone number and provide the receipt or incident number as proof of identification. The police department might also have a website where you can request copies of records online.
After your medical expenses and property damage as well as lost wages reach the amount of a certain amount, then you'll need to file a lawsuit against the at-fault driver. The police report can be a useful tool in settlement negotiations, particularly when you can prove that the other driver was largely at fault based on the officer's observations. Many cases are settled without having to go to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until a year after you file it.
Insurance Company Negotiations
Once an adjuster has all the details they need from you and the investigation of the car accident, they will extend a settlement offer. To generate their first offer, they will enter all the information and details into a computer program. They'll most likely come up with a number that's much lower than what you calculated from your study. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.
They will be looking to reduce the amount they are required to pay for medical bills and other damages. You can counter by highlighting the ways in which your injuries will affect your life in the future. For auto accident lawsuit oregon , you can highlight your growing medical bills, your diminished earnings capacity and the physical and emotional suffering you're experiencing.
Your attorney or you will then draft the letter of demand and then present it to an insurer. It will contain all the evidence you have gathered, including witness statements, photos of your injuries and any documentation supporting your losses. You will also create an outline of the things you will not negotiate to ensure that the insurance company is not undervaluing your claim. After an agreement has been reached the written settlement agreement will reflect it. Negotiations are usually back and forth, however perseverance will aid in achieving a fair settlement.
Legal Advice
The next step in a car accident lawsuit is discovery. During this process, both sides exchange information as well as evidence. Parties may seek medical records, police reports and witness statements. They can also send the other interrogatories (written questions that have to be answered under oath before the expiration of a specific time). Additionally, your attorney will document the extent of your physical emotional and mental injuries and any other damages you might seek to compensate for that are incurred, such as future medical expenses, property damage and lost wages.
Your lawyer will also consult with experts, such as medical experts mechanics, engineers, and mechanics. These experts will help paint a an accurate picture of your crash and your injuries for the jury.
Your lawyer will then begin negotiations with the insurance companies to resolve your case without trial. If the insurance company offers a low amount of money or fails to take your injuries and other damages into account, your case will likely be heard at trial.
While only a few cases go to trial it is important for victims to make a claim as soon as possible. As time passes memories fade, witnesses pass away, and evidence disappears which makes it more difficult to present a compelling case for the highest amount of compensation. You must also comply with your state's statute of limitations which can range between 1 and 6 years.