Phases of an Auto Accident Lawsuit
Medical bills, property damage, and lost wages can be significant following an accident in the car. An experienced lawyer can assist you in getting the amount you are due.
The procedure is different from case-to-case, but generally starts by filing an action. Then follows the discovery phase along with any appeals.
Medical Records
Medical records are an important element in any auto accident lawsuit. They will help a jury or judge determine how the accident has impacted your life, including the emotional, physical and financial burdens of your injuries. Insurance companies will find it difficult to dispute the story told by medical records.
Based on the laws of your state and your doctor's policy depending on your state's laws and your doctor's policy, you could have the time to request medical records from your healthcare provider. It is recommended to consult with your lawyer as soon after an accident as possible. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer will be able to see your medical records. Insurance companies are always looking for any sign that could suggest that your injuries aren't as severe as you claim or pre-existing.
Your lawyer will make use of the medical records you provide to draft an order letter that will include evidence supporting the damages you seek. Your lawyer should only supply the relevant medical documents to your insurance company. They might ask you to grant them permission to access your complete medical record. This is not in your best interests as it could reveal past injuries that aren't directly related to the current claim.
Reports of Police
Police reports are generated each time a police officer responds to an emergency call or accident, such as car accidents. While they cannot be used in a court of law (they are considered to be hearsay) they can provide valuable information to attorneys in the process of investigating and preparing cases.
A police report is an objective view of what transpired in the crash, based on witness statements and observations about the vehicle's damage, weather conditions, drivers, and so on. auto accident law firm rio rancho is an important piece of evidence that can assist you in winning a lawsuit for car accidents.
Typically you can request a copy of your police report from the precinct that was responsible for the investigation by calling their non-emergency phone number and providing the receipt or incident number to identify it. You can request copies of your police report on the police department's website.
You'll have to file a lawsuit against the driver who was at fault after your medical expenses as well as lost wages and property damage exceed an amount. The police report can be a valuable tool during settlement negotiations, especially in cases where you can show that the other driver was at fault, based on an officer's observations. Many cases are settled without having to go to trial. It may take some time to complete the pre-trial steps and your lawsuit might not be resolved for a long time.
Insurance Company Negotiations
When the adjuster has all of the information he needs from you as well as your car accident investigation, they will make an offer to settle. They will input all the facts and details into a software program to create their initial offer. Most likely, they will come up with a much lower number than you calculated from 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 have to pay for medical bills and other damage. You can counter by pointing out the ways in which your injuries will affect your life going forward. For instance, you could, point out your mounting medical bills and your lost earning potential, as as the mental and physical suffering you are experiencing.
Your lawyer or you will prepare a demand form and submit it to the insurance company. It will contain all the evidence you've gathered and include statements from witnesses, photographs of your injuries, as well as documentation supporting your losses. Additionally, you should create a list of the non-negotiables that will stop the insurance company from undervaluing your claim. Once an agreement has been reached and the written settlement contract will reflect it. Negotiations are often a back and forth process, but staying patient will help you achieve an equitable settlement.
Legal Advice
The next stage of the car accident lawsuit is discovery, where both sides exchange information as well as evidence. Parties may seek medical records, police reports, and witness statements. They may also send any additional interrogatories (written questions that need to be answered under oath by the expiration of a specific time). In addition the attorney will also document the extent of your physical emotional and mental injuries and any other damages you could seek compensation for that are incurred, such as future medical expenses, property damage and lost wages.
Your lawyer will talk to other experts, including mechanics, medical professionals, and engineers. These experts can assist the jury get clear information about the injuries and accidents you sustained.
Your lawyer will then begin discussions with the insurance companies to settle your case without a trial. If the insurance company doesn't offer you a fair settlement or does not consider your injuries and other damages, your case is likely to go to trial.
It is important that victims file a lawsuit immediately, even though only a few cases will ever make it to the courtroom. Memories fade, witnesses can disappear and evidence may be lost in time making it more difficult to present a convincing case for the maximum amount of compensation. You must also follow the statute of limitations in your state, which can vary between 1 and 6 years.