Phases of an Auto Accident Lawsuit
Car accident injuries can lead to significant medical bills as well as property damage and loss of wages. An experienced lawyer can assist you in obtaining the amount of compensation you deserve.
The process may differ from case-to-case, but usually starts with the filing of the complaint. Then comes the discovery phase and trial, as well as any appeals.
Medical Records
Medical records are a vital element of any auto accident case. They will help a judge or jury determine the impact of the injury on your life. This includes the financial, emotional physical and emotional costs. Insurance companies will have a hard time to dispute the story told by medical records.
You might only have a limited amount of time, depending on the laws in your state and the policy of your doctor, to request medical records. This is the reason why you should contact your lawyer as soon as you can after an accident. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these medical records. This does not mean you or your lawyer are the only ones able to view your medical records. Insurance companies are always looking for anything that could suggest your injuries may not be the severity you claim or if you have pre-existing injuries.
Your lawyer will use the medical records you provide to prepare a letter of demand that will include evidence to support the damages you are seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They might request you to allow them to access your entire medical record. auto accident law firm richmond is not in your best interest since it could reveal previous injuries that are not related to the present claim.
Reports of the Police
Every time a police official responds to a call for help, including an accident, he makes a police report. Although they aren't admissible 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 objective account of what transpired in the crash, based on witness testimonies and the officer's observations regarding the damage to the vehicle the weather, the drivers, and so on. It is a significant evidence piece that can assist you in winning your lawsuit for car accidents against the defendant.
Usually you can request a copy your police report from the precinct which handled the investigation by calling their non-emergency number and supplying a receipt or incident number to identify the report. You can also request copies of records through the department's website.
You will need to file a suit against the person who caused the accident once your medical bills or lost wages property damage exceed a certain value. The police report is an essential tool in settlement negotiations, particularly in cases where you can prove other driver's negligence from the evidence provided by the officer. However, many cases reach an agreement without ever going to trial. It may take some time to go through the steps before trial and your case could not be resolved for a long time.
Insurance Company Negotiations
Once the adjuster has all the information they require from you and your vehicle accident investigation, he'll make an offer for settlement. They will input all the facts and details into a computer program in order to create their initial offer. Most likely, they will come up with a much less than the amount you calculated based on your investigation. It's important to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers.
They'll seek to limit the amount they will have to pay for medical bills and other damages. You can fight back by highlighting the many ways that your injuries could affect your life going forward. You could, for instance you can highlight the mounting medical bills, your diminished earnings potential, as well being aware of the physical and mental suffering you're experiencing.
You or your attorney will create the letter of demand and present it to an insurer. The letter should include all of the evidence that you've gathered such as witness statements and photos of your injuries. You'll also prepare the list of the items you cannot negotiate, so you can deter the insurance company from under-pricing you. When an agreement is reached and ratified, it will be included in a written settlement agreement. It's normal for a back-andforth to occur during the negotiation process, but remaining in the moment will help you get an equitable settlement.
Legal Advice
The next step in a car accident lawsuit is discovery, where both parties exchange information and evidence. Parties may request medical records and police reports as well as witness statements. The parties may also exchange interrogatories, which are written questions which have to be answered on an oath within certain times. Additionally your attorney will provide documentation of the extent of your physical emotional and mental injuries in addition to the other damages you may seek compensation for such as current and anticipated future medical costs, property damage, and lost wages.
Your lawyer will also speak with experts, such as medical experts as well as mechanics and engineers. These experts will help paint a the vivid image of the accident and the injuries you sustained for the jury.
Your lawyer will then start negotiations with insurance companies to resolve your case with no trial. If the insurance company offers an unsatisfactory settlement or does not take your injuries and other damages into consideration the case could proceed to trial.
Although few cases actually get to trial, it is vital for the victims to start a lawsuit as quickly as possible. With time, memories fade, witnesses die and evidence is lost, making it more difficult to make a strong claim for the most compensation. You must also follow your state's statute of limitations which can vary between 1 and 6 years.