Phases of an Auto Accident Lawsuit
Damage to property, medical bills and lost wages can be substantial following an accident in the car. An experienced lawyer can assist you get the compensation you require.
The process is different from case to case, but generally starts by filing an action. The discovery phase, trial and appeals follow.
Medical Records
Medical records are a vital element in any auto accident case. They will help jurors or judges know how the injury affected your life, including the physical, emotional and financial burdens of your injuries. Medical records can also tell a story that insurance companies will have a difficult to dispute.
You might only have a particular period of time, based on the laws of your state and the policy of your doctor to request medical records. It is recommended to consult with your lawyer as soon following an accident as it is possible. Health Information Portability and Accountability Act (HIPAA) HIPAA is a law that protects your right to access these records. However, this doesn't mean that only you or your lawyer will be able to access your medical records. Insurance companies constantly look for evidence that suggests your injuries might not be as serious as you claim or that you have a pre-existing condition.
Your lawyer will use the medical information that you supply to write the letter of demand that will include evidence supporting the damages you're seeking. Your lawyer should only supply the relevant medical documents to your insurance company. They might ask you to authorize them to access your entire medical record. This is not in the best interest of your claim as it may reveal past injuries not related to this claim.
Police Reports
Every time a police official responds to a request for help, which could include an accident, he or she creates a police report. Although they are not admissible in a court of law (they are deemed to be hearsay) they are valuable information to attorneys in the process of conducting investigations and preparing cases.
A police report provides an objective view of what transpired in the accident, based on witnesses' testimony and observations by the officer about the vehicle's damage, weather conditions, drivers, and so on. It is an important document that can assist you in winning your lawsuit for car accidents against the defendant.
Usually, you can request a copy of your police report from the precinct that handled the investigation by calling their emergency number and supplying a receipt or incident number to identify the report. The police department might also have a website where you can request copies of your records online.
When your medical bills and property damage as well as lost wages reach the amount of a certain amount, then you'll need to bring a lawsuit against the driver at fault. The police report is a valuable tool in settlement negotiations, especially when you can prove the other driver's responsibility in the light of observations made by the officer. However, many cases reach a settlement without ever going to trial. It can take time to complete the steps before trial and your case may not be resolved for a year or more.
Insurance Company Negotiations
Once an adjuster has all the data they require from you, and the car accident investigation They will then extend an offer of settlement. They will enter all the information and facts into a computer program in order to make their initial offer. They'll probably produce a number that's much lower than what you calculated from your research. When insurance companies offer settlement offers, they've got their own financial interest in their minds.
They'll be looking to reduce the amount they will have to pay for medical bills and other damages. You can fight back by pointing out all the ways your injuries will affect your life in the near future. For instance, you can point to your mounting medical bills, your diminished earning capacity, and the emotional and physical suffering you're suffering.
Your attorney or you will prepare an order letter and submit it to an insurance company. The letter should include all the evidence you've collected, including witness statements and photos of your injuries. You will also create an outline of the things you will not negotiate to keep the insurance company from undervaluing your claim. When an agreement has been reached the written settlement agreement will reflect it. It's normal for a back-andforth to occur 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, where both sides exchange information and evidence. Parties can request medical documents, police reports or witness statements. They will also provide another interrogatories (written questions that have to be answered under oath by end of the specified time). Additionally, your attorney will document the extent of your physical emotional and psychological injuries in addition to the other damages you might be seeking to recover such as current and anticipated future medical costs, property damage, and lost wages.
auto accident attorney ogden will also consult with experts such as medical professionals as well as mechanics and engineers. These experts can assist the jury to get an accurate picture of your injuries and accident.
Your attorney will then begin discussions with insurance companies in order to resolve your case with no trial. However, if the insurance company provides you with a low amount of money or fails to take your injuries and other damages into consideration the case could be heard at trial.
It is essential that victims file a suit as soon as they can even though very few cases will ever make it to court. Over time memories fade, witnesses pass away and evidence is lost and it becomes more difficult to file a convincing claim for the most compensation. You must also adhere to the statute of limitations for your state which can range between 1 and 6 years.