10 Reasons That People Are Hateful Of Auto Accident Law
Phases of an Auto Accident Lawsuit
Car crash injuries can result in significant medical bills as well as property damage and loss of wages. An experienced attorney can assist you in receiving 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 element of any auto accident case. They will assist a jury or judge comprehend how the accident affected your life, as well as the physical, emotional and financial consequences of your injuries. Insurance companies will find it difficult to challenge the narrative told by medical records.
You may only have a certain amount of time, depending on the laws of your state and the policy of your doctor to request medical records. This is the reason why you should speak with your lawyer whenever you can after an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA guarantees your right to access these records. However, this does not mean that you or your lawyer are the only ones to look over your medical records. auto accident law firm south gate are always looking for evidence that could indicate your injuries might not be as severe as you claim or that you have a pre-existing condition.
Your lawyer will use the medical records you provide to prepare a letter of demand that will include evidence in support of the damages you want. It is essential that your lawyer only send relevant medical documents 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 the best option for your claim, as it could reveal injuries from the past that are not related to this claim.
Police Reports
Police reports are generated every time a law enforcement officer responds to an emergency and also car accidents. Although they aren't admissible in a court of law (they are deemed to be hearsay) they can provide valuable information to attorneys in the process of investigating and preparing cases.
A police report provides an objective view of what happened in the crash, based on witness statements and observations regarding the damage to the vehicles the weather, the drivers, and so on. It's a crucial piece of evidence that could aid you in winning your car accident lawsuit against the defendant.
Usually, you can request a copy of your police report from the precinct which handled the investigation by calling their non-emergency number and supplying the receipt or incident number to identify the report. The police department may also have a website where you can request copies of your records online.
You'll need to file a suit against the person who caused the accident once your medical bills as well as lost wages and property damage exceed the amount of. The police report can be a valuable tool during settlement negotiations, especially when you can demonstrate that the other driver was largely at fault based on the police officer's observations. A lot of cases are settled without having to go to trial. It could take a long time to go through the pre-trial procedures and your lawsuit might not be resolved for a long time.
Insurance Company Negotiations
Once an adjuster has all the information they require from you, and the investigation into the accident, they will extend a settlement offer. To generate their first offer, they'll input all the details and facts into a computer program. Most likely, they'll arrive at a smaller amount than you anticipated in your investigation. 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 limit the amount they'll need to pay for medical bills and other damages. You can fight back if highlight how your injuries will negatively affect your life in future. For instance, you could refer to your rising medical bills, your decreased earning potential, and the emotional and physical suffering you're going through.
You or your attorney will prepare a letter of demand and submit it to an insurer. This letter should include all of the evidence that you have gathered including witnesses' statements and photographs of your injuries. You'll also prepare an outline of your non-negotiables so you can stop the insurance company from under-pricing you. After an agreement has been reached the written settlement agreement will reflect it. Negotiations are often a back and forth process, but being patient can aid in achieving a fair settlement.
Legal Advice
The next stage of the car accident lawsuit is discovery, in which both parties exchange information and evidence. Parties may require medical records or police reports, and witness statements. They will also provide the other interrogatories (written questions that need to be answered under oath by the deadline). Your attorney will also write down the severity of physical mental, emotional, or psychological traumas you've suffered as well as any other damages which could be sought, like current and projected medical expenses along with property damage, lost wages.
Your lawyer will consult with other experts, like medical specialists, mechanics and engineers. These experts will help paint the vivid picture of the crash and the injuries you sustained for the jury.
Your lawyer will then begin negotiations with insurance companies to settle your case without trial. However, if the insurance company is willing to offer you a low amount of money or fails to take your injuries and other damages into consideration, your case will likely be heard at trial.
Although few cases actually go to trial, it is essential for victims to begin a lawsuit as soon as is possible. Over time, memories fade, witnesses pass away and evidence is lost and makes it harder to make a strong claim for maximum compensation. Additionally, you must comply with the statute of limitations in your state, which can be anywhere from one to six years.