The Most Significant Issue With Auto Accident Law, And How You Can Fix It
Phases of an Auto Accident Lawsuit
Car accident injuries can lead to significant medical bills, property damage, and even lost wages. An experienced lawyer can help you receive the compensation that you require.
The procedure varies from case to case, but generally, it begins with filing a complaint. The discovery phase, trial and any appeals follow.
Medical Records
Medical records are a vital part of any auto accident case. They can help a jury or judge understand how the injury has impacted your life, including the emotional, physical and financial consequences of your injuries. Insurance companies will find it difficult to refute the story portrayed by medical records.
You might only have a limited amount of time, based on the laws of your state and the policy of your doctor, to request medical records. You should speak with your lawyer as soon after an accident as it is possible. The law guarantees 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 who can look over your medical records. Insurance companies are always looking for evidence that might suggest your injuries may not be as severe as you claim or if you have pre-existing injuries.
Your lawyer will use the medical records that you supply to write the letter of demand that will include evidence in support of the damages you seek. Your lawyer must only provide the relevant medical documents to your insurance company. They might request you to allow them to access your complete medical record. This is not beneficial to your claim, as it could reveal past injuries not related to the claim.
Reports of Police
Police reports are prepared each time a police officer responds to an emergency call for example, car accidents. Although they aren't admissible in the courts of law (they are deemed to be hearsay), they provide valuable information to attorneys in the process of conducting investigations and preparing cases.
A police report gives an impartial account of the accident, based on the witness' testimony as well as the officer's observations of the weather conditions, the drivers, and other elements. It's a vital piece of evidence that could assist you in winning a lawsuit for car accidents.
Typically you can request a copy of your police report from the police station that was responsible for the investigation by calling their non-emergency phone number and supplying the receipt or incident number to identify it. The police department may have a website where you can request copies of your records online.
You'll need to file a lawsuit against the driver who was at fault after your medical expenses as well as lost wages and property damage reach an amount. The police report is a valuable tool in settlement negotiations, especially in cases where you can prove other driver's fault based on observations made by the officer. Many cases end up reaching an agreement without going to trial. Pre-trial proceedings can take a long time and your case may not be resolved until a year after you file it.
Insurance Company Negotiations
Once an adjuster has all the information they need from you and the car accident investigation, they will extend an offer of settlement. They will enter all the facts and details into a program that will create their initial offer. They'll likely be able to come up with a figure which is lower than what you calculated based on your study. It's important to remember that insurance companies have their own financial interest in mind when they decide on settlement offers.
They'll want to reduce the amount they'll need to pay for medical expenses and other damages. You can fight back by pointing out the ways in which your injuries could affect your life going forward. For instance, you could highlight your growing medical bills and lost earnings potential, as well as the mental and physical suffering you are experiencing.
auto accident lawyer waco or attorney will then prepare a demand letter and submit it to the insurance company. It will contain all the evidence you've gathered including witness statements, photographs of your injuries, and any documents supporting your losses. You should also create an outline of your non-negotiables so you can deter the insurance company from lowballing you. Once you have reached an agreement and ratified, it will be included in the form of a written settlement agreement. It's not uncommon for back-and-forth to take place during the negotiation process, but remaining patient will help you reach a fair settlement.
Legal Advice
The next step in a car lawsuit involving an accident is discovery, in which both parties exchange information and evidence. Parties can request medical records, police reports and witness statements. They may also send each other interrogatories (written questions to be answered under oath by the end of a specified time). Your attorney will also record the severity of the physical emotional, psychological, and physical injuries you have suffered, as well as any other damages which could be sought, such as current and projected medical expenses or property damage, as well as lost wages.
Your lawyer will also confer with experts such as medical specialists as well as mechanics and engineers. These experts can assist the jury to get a clear picture of your injuries and accident.
Your lawyer will then start discussions with the insurance companies in order to resolve your case without trial. If the insurance company does not offer a fair settlement, or does not take into account your injuries and other damages your case is likely to be heard in court.
It is essential that victims file a lawsuit as soon as possible, even though only a few cases are heard in the courtroom. As time passes memories fade, witnesses die, and evidence disappears and makes it harder to present a compelling case to receive the maximum amount of compensation. It is also important to adhere to the statute of limitations in your state that can range between 1 and 6 years.