Phases of an Auto Accident Lawsuit
Car accident injuries can lead to significant medical bills, property damage and lost wages. An experienced lawyer can assist you receive the compensation you require.
The process is different from case to case, however, generally it starts with filing an action. The discovery phase, trial and appeals are the next step.
Medical Records
Medical records are an important component of any auto accident lawsuit. They can help a jury or judge comprehend how the accident affected your life, as well as the emotional, physical and financial cost of your injuries. Medical records will also tell the story that insurance companies will have a tough to dispute.
You might only have a particular amount of time, contingent on the laws in your state and the policy of your doctor, to obtain medical records. This is the reason why you should consult with a lawyer immediately after an accident. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these records. But, this doesn't mean that only you or your lawyer are able to view your medical records. Insurance companies are always looking for any sign that might suggest your injuries may not be as severe as you claim or have a pre-existing condition.
Your lawyer will utilize the medical records you provide to prepare an order letter that includes evidence to justify the damages you seek. It is important that your lawyer only send relevant medical records to the insurance company, as they may request you to sign an authorization that permits them to access all your medical records. This is not in the best interest of your claim since it could reveal previous injuries that are not connected to this claim.
Reports of Police
Every time a police officer responds to a request for help, which could include an accident, he or she prepares a police report. While they cannot be used in the courts of law (they are deemed to be hearsay) they can provide valuable information for attorneys when investigating and preparing their cases.
A police report provides an impartial account of the accident which is based on the witnesses testimony of the officer and his observations regarding the weather conditions, drivers, and other elements. It is a significant piece of evidence that could aid you in winning your car accident lawsuit against the defendant.
You can typically request a copy from the precinct that was responsible for the investigation. Contact their non-emergency number and provide the receipt or incident number as identification. The police department may also have a website on which you can request copies of the records online.
You'll need to file a lawsuit against the person who caused the accident after your medical expenses as well as lost wages and damages to property reach an amount. The police report can be an effective tool for settlement negotiations, particularly when you can prove the other driver's responsibility in the light of observations made by the officer. Many cases are settled without having to go to trial. It may take some time to complete the steps before trial and your case may not be resolved for a year or more.
Insurance Company Negotiations
Once the adjuster has all the information they need from you and your car accident investigation, he'll make an offer of settlement. To generate their first offer, they'll input all the information and details into an application on computers. They'll most likely produce a number that's much lower than what you calculated based on your investigation. When insurance companies offer settlement offers, they've got their own financial interest in their minds.
They will wish to limit the amount they are required to pay for medical bills and other damages. You can counter by pointing out the ways in which your injuries will impact your life in the coming years. For instance, you can you can highlight the mounting medical bills and the loss of earning potential, as well being aware of the physical and mental suffering you're experiencing.
You or your lawyer will prepare a demand form and submit it to the insurance company. This letter will include all of the evidence that you've gathered, including witness statements and photos of your injuries. You'll also prepare a list of your non-negotiables so you can prevent the insurance company from negotiating with you. After an agreement has been reached and the written settlement contract will reflect it. Negotiations are usually back and forth, but remaining patient will aid in achieving an equitable settlement.
Legal Advice
Discovery is the next stage of the lawsuit, during which the parties exchange information and evidence. Parties can request medical records and police reports as well as witness statements. They will also send the other interrogatories (written questions to be answered under oath by the deadline). Additionally your attorney will provide documentation of the extent of your physical emotional and mental injuries and the additional damages you could seek to compensate for, including existing and projected future medical costs, property damage, and lost wages.
Your lawyer will talk to other experts like mechanics, medical professionals and engineers. These experts can help the jury to get an accurate picture of your injuries and the accident.
Your lawyer will then start discussions with insurance companies in order to settle your case without trial. If auto accident law firm madison is unable to provide you with a fair settlement or doesn't take into consideration your injuries and other damages, your case is likely to go to trial.
While a small number of cases do get to trial, it is crucial for victims to start a lawsuit as quickly as is possible. Memories fade, witnesses pass away, and evidence can be lost over time and it becomes difficult to make a strong case to get the maximum amount of compensation. You must also follow your state's statute of limitations, which can vary from 1 to 6 years.