10 Top Mobile Apps For Auto Accident Law
Phases of an Auto Accident Lawsuit
Injuries from car crashes can result in substantial medical bills along with property damage and lost wages. An experienced lawyer can help you receive the compensation you require.
The procedure is different from case to case but generally, it begins with filing a complaint. The discovery phase, trial and any appeals follow.
Medical Records
Medical records are an important part of any auto accident lawsuit. They will help the jury or judge know the effects of the accident on your life. This includes the financial, emotional, and physical costs. Medical records will also tell the story that insurance companies will have a difficult to dispute.
You might only have a particular amount of time, depending on the laws in your state and the guidelines of your physician, to request medical records. This is why it is important to speak with your lawyer immediately following an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA, protects your right to access these records. However, this doesn't mean that you or your lawyer are the only ones able to access your medical records. Insurance companies are always looking for anything that suggests your injuries might not be the severity you claim or that you have a pre-existing condition.
Your lawyer will use the medical information you provide to prepare an order letter that will include evidence supporting the damages you seek. It is imperative that your lawyer only send relevant medical documents to the insurance company as they may request you to sign a medical authorization that permits them to access all of your medical records. This is not in your best interests because it could reveal prior injuries that aren't directly related to the present claim.
Police Reports
When a police officer responds to a call for help, such as an accident, he makes a police report. While they're not admissible in court (they are considered hearsay), they do provide valuable information to attorneys investigating an incident and preparing the case.
A police report is an objective view of what happened during the crash, based on witness testimony and observations by the officer regarding the damage to the vehicles as well as weather conditions, drivers and more. It's a crucial piece of evidence that could aid you in winning your lawsuit for car accidents against the defendant.
You can typically request a copy from the precinct that was responsible for the investigation. Call their non-emergency line and provide an original receipt or an incident number for identification. auto accident attorneys wyoming can also request copies of records through the department's website.
You'll need to file a lawsuit against the driver who was at fault after your medical expenses, lost wages, and property damage have reached a certain value. The police report can be a valuable tool in settlement negotiations, especially when you can prove the other driver's responsibility from the evidence provided by the officer. Many cases are settled without having to go to trial. It can take a while to go through the pre-trial procedures and your lawsuit might not be resolved for a year or more.
Insurance Company Negotiations
Once an adjuster has all the information they require from you and the investigation of the car accident is complete, they will offer a settlement offer. They will enter all the facts and details into a software program to generate their initial offer. Most likely, they will produce a significantly smaller number than what you estimated from your study. When insurance companies offer settlement offers, they have their own financial interest in mind.
They will want to limit how much they are required to pay for medical bills and other damages. You can fight back when you mention the way your injuries will affect your life in the near future. For example, you can highlight your growing medical bills, your decreased earning capacity, and the emotional and physical suffering that you're currently experiencing.
You or your lawyer will then draft a demand letter and send it to the insurance company. It should include all the evidence you have gathered including statements from witnesses, photographs of your injuries, and any documents that support your losses. You should also create the list of your non-negotiables, so you can prevent the insurance company from undercutting you. Once you have reached an agreement it will be documented in an agreement to settle in writing. Negotiations can be a back and forth, however remaining patient will ensure an equitable settlement.
Legal Advice
Discovery is the next phase of the lawsuit, in which both parties exchange information and evidence. Parties can seek medical records and police reports and witness statements. The parties will also exchange interrogatories which are written questions that must be answered on an oath within the time limit. In addition, your attorney will document the extent of your physical emotional and mental injuries and the additional damages you may seek compensation for, including existing and projected future medical expenses, property damage and lost wages.
Your lawyer will consult with other experts like mechanics, medical experts, and engineers. These experts will help paint a a vivid image of your crash and the extent of your injuries to the jury.
Finally, your attorney will begin discussions with insurance companies to attempt to settle your claim without trial. If the insurance company offers a low amount of money or fails to take your injuries and other damages into consideration, your case will likely progress to trial.
While a small number of cases do go to trial, it is crucial for victims to file a lawsuit as soon as possible. As time passes memories fade, witnesses die and evidence is lost and makes it harder to establish a solid claim for maximum compensation. You must also comply with the statute of limitations for your state that can range between 1 and 6 years.