The Ultimate Guide To Auto Accident Law
Phases of an Auto Accident Lawsuit
Medical bills, property damage and lost wages could be significant following an accident. An experienced attorney can help you get the compensation you need.
The procedure can differ from case to case, but typically, it starts with the filing of the complaint. The discovery phase, trial and appeals are the next step.
Medical Records
Medical records are an important component of any auto accident lawsuit. They will assist the jury or judge know the effects of the injury on your life. This includes the financial, emotional, and physical costs. Insurance companies will find it difficult to dispute the story told by medical records.
You may only have a specific period of time, based on the laws of your state and the policies of your doctor to obtain medical records. It is recommended to consult with your lawyer as soon after an accident as you can. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these documents. However, this does not mean that only you or your lawyer can examine your medical records. Insurance companies are usually keen to look for anything that could suggest your injuries were pre-existing or not as severe as you claim.
Your lawyer will use your medical records in order to prepare a demand letters, which will include evidence to justify the damages you are seeking. Your lawyer must only provide the relevant medical documents to your insurance company. They might request you to allow them to access your entire medical record. This is not the best option for your claim since it could expose past injuries that are not relevant to the claim.
Reports of Police
When a police officer responds to a request for help, including an accident, he or she makes a police report. Even though they're not admissible in court (they are deemed to be hearsay) they can provide invaluable information to attorneys investigating an incident and preparing the case.
A police report is an objective assessment of what transpired in the accident, based on witness statements and observations regarding the damage to the vehicle, weather conditions, drivers, and so on. It is an important evidence piece that can assist you in winning your car accident lawsuit against the defendant.
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 providing an incident or receipt to identify the report. You can also request copies of records through the police department's website.
After your medical bills or property damage, as well as lost wages are at an amount that is a certain amount, you'll have to file a lawsuit against the driver who is at fault. The police report can be a valuable tool during settlement negotiations, especially in cases where you can show that the other driver was largely at fault based on the police officer's observations. In many cases, however, the parties reach settlements without ever going to trial. It may take some time to go through the pre-trial steps and your case could not be resolved for a year or more.
Insurance Company Negotiations
Once an adjuster has all of the information they require from you and the investigation into the car accident and investigation, they will make an offer of settlement. They will put all the facts and details into a software program to create their initial offer. Most likely, they will arrive at a less than the amount you calculated from your investigation. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.
They'll want to limit the amount they'll need to pay for your medical expenses and other damages. You are able to fight back if you explain the way your injuries will impact your life in the future. For instance, you could highlight your growing medical bills, your diminished earning capacity, and the emotional and physical pain you're suffering.
Your lawyer or you will then prepare a demand letter and send it to the insurance company. It will contain all the evidence you have gathered and include statements from witnesses, photographs of your injuries as well as any documentation supporting your losses. Also, you will create a list of non-negotiables to keep the insurance company from undervaluing your claim. Once an agreement is reached the settlement agreement written will reflect it. It's common for a back-and-forth to take place during these negotiations, but being in the moment will help you get a fair settlement.
Legal Advice
The next phase in the car accident lawsuit is discovery. During this process, both parties exchange information and evidence. auto accident lawyer thousand oaks can seek medical documents, police reports or witness statements. They can also send each other interrogatories (written questions that need to be answered under oath by the expiration of a specific time). In addition, your attorney will document the extent of your physical emotional and psychological traumas in addition to the other damages you may seek compensation for such as current and anticipated future medical expenses, property damage and lost wages.
Your lawyer will also consult with experts like medical specialists mechanics, engineers and mechanics. These experts will help paint a an appealing picture of your crash and your injuries for the jury.
Finally, your attorney will begin negotiations with insurance companies to try to settle your claim without trial. If the insurance company doesn't offer an equitable settlement or does not consider your injuries and other damages, your case will likely be heard in court.
Although few cases actually get to trial, it is vital for the victims to start a lawsuit as quickly as they can. The memories fade, witnesses die and evidence can disappear over time, making it harder to present a convincing case for the maximum amount of compensation. You must also follow your state's statute of limitations that can range between 1 and 6 years.
