Phases of an Auto Accident Lawsuit
Injuries from car crashes can lead to significant medical bills, property damage and lost wages. An experienced attorney can assist you in obtaining the justice you deserve.
The process can vary from case to case, but typically, it starts with the filing of a complaint. This is followed by the discovery phase trial, and any appeals.
Medical Records
Medical records are a vital part of any auto accident case. They can help jurors or judges understand the impact of the injury on your life. This includes the financial, emotional physical, and emotional expenses. Insurance companies will have a hard time to refute the story portrayed by medical records.
You might only have a particular amount of time, based on the laws in your state and the policy of your doctor to obtain medical records. This is why it is important to discuss your legal needs immediately after an accident. The law provides access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your lawyer are able to view your medical records. Insurance companies are often keen to discover anything that may indicate that your injuries were not pre-existing or not as severe as you claim.
Your lawyer will use your medical records to draft a demand letter, which will contain evidence to justify the damages you're seeking. It is imperative that your lawyer only provides relevant medical records to the insurance company, as they may ask you to sign a medical authorization that permits them to access all of your medical records. This is not in your best interests as it could reveal past injuries that aren't connected to the current claim.
Reports of Police
Every time a police official responds to a call for help, such as an accident, he produces a report. While they cannot be used in the courts of law (they are considered to be hearsay) They are a valuable source of information to attorneys when they are researching and preparing cases.
A police report is an objective account of the accident which is based on the witnesses' testimony as well as the officer's observations of the weather conditions, the drivers, and other aspects. It is an important piece of evidence that could aid in winning a car accident lawsuit.
Usually, you can request a copy your police report from the precinct which was responsible for the investigation by calling their non-emergency line and supplying a receipt or incident number to identify the report. The police department may have a website on which you can request copies of records online.
After your medical expenses or property damage, as well as lost wages are at an amount you can afford, you'll need to bring a lawsuit against the at-fault driver. The police report can be an effective tool in settlement negotiations, especially if you can prove that the other driver was largely at fault based on the officer's observations. A lot of cases are settled without going to trial. It can take time to work through the pre-trial process and your case could not be resolved for a year or more.
Insurance Company Negotiations
Once an adjuster has all the information they require from you as well as the car accident investigation, they will extend an offer of settlement. They will then input all the information and facts into a program that will generate their initial offer. Most likely, they will produce a significantly less than the amount you calculated using your research. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.
They'll want to reduce the amount they'll need pay for your medical bills and other damages. You can fight back by highlighting the many ways that your injuries could affect your life in the future. For instance, you could draw attention to your increasing medical bills, your decreased earnings capacity and the emotional and physical pain you're suffering.
Your lawyer or attorney will create a demand letter and present it to the insurer. This should include all the evidence you have gathered including statements from witnesses, photographs of your injuries and any evidence to support your losses. Also, you'll make a list of the items you cannot negotiate, so you can deter the insurance company from undercutting you. When an agreement has been reached the written settlement agreement will reflect it. Negotiations are usually back and forth affair, but staying patient will aid in achieving an equitable settlement.
Legal Advice
Discovery is the next stage of the lawsuit, in which both parties exchange information and evidence. Parties may request medical records, police reports and witness statements. They may also send any additional interrogatories (written questions to be answered under oath before the deadline). In addition your lawyer will record the extent of your physical emotional and psychological injuries in addition to the other damages you might seek to compensate for, including existing and projected future medical costs, property damage, and lost wages.
Your lawyer will consult with other experts, such as medical specialists, mechanics and engineers. auto accident lawsuit san marcos will help paint a an accurate image of the accident and the injuries you sustained for the jury.
Your lawyer will then begin discussions with the insurance companies to resolve your case with no trial. If the insurance company does not provide you with a fair settlement or does not take into account your injuries and other damages, your case will likely go to trial.
It is vital that victims file a suit as soon as they can, even if only a handful of cases make it to the courtroom. The memories fade, witnesses disappear, and evidence could be lost as time passes and it becomes difficult to establish a compelling argument for the most compensation. Additionally, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.