Is Tech Making Auto Accident Law Better Or Worse?
Phases of an Auto Accident Lawsuit
Car crash injuries can lead to significant medical bills, property damage, and even lost wages. An experienced attorney can help to get the compensation you need.
The procedure varies from case to case however, generally it starts with filing a complaint. This is followed by the discovery phase, trial and any appeals.
Medical Records
Medical records are a vital element of any auto accident case. They will help the judge or jury determine how the accident has affected your life, including the physical, emotional and financial costs of your injuries. Medical records can also tell the story that insurance companies will have a hard to dispute.
You may only have a specific amount of time, based on the laws in your state and the policy of your doctor, to request medical records. This is why you should contact your lawyer as soon as possible following an accident. The law guarantees access to these records with the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your attorney can view your medical records. Insurance companies are often keen to uncover anything that could suggest that your injuries were pre-existing or not as severe as you claim.
Your lawyer will use your medical records to draft a demand letter, that will include evidence to justify the damages you seek. Your lawyer should only provide 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 interest since it could expose past injuries that aren't directly related to the present claim.
Reports of the Police
Every time a police officer responds to a call for assistance, or an accident, he or she makes a police report. Although they're not admissible in court (they are deemed to be hearsay) they can provide valuable information to attorneys when investigating an incident and preparing the case.
A police report provides an objective account of the incident, based on the witness' testimony and the officer's observations of the weather conditions, the drivers, and other elements. It is a significant piece of evidence that could assist you in winning your lawsuit for car accidents against the defendant.
You can usually request a copy of the records from the police precinct that handled the investigation. Call their non-emergency phone number and provide an original receipt or an incident number for identification. The police department might also have a website where you can request copies of your records online.
After your medical expenses, property damage and lost wages reach an amount you can afford, you'll need to make a claim against the driver at fault. The police report can be an essential tool in settlement negotiations, particularly if you can prove the other driver's fault based on observations made by the officer. In many cases, however, the parties reach a settlement without ever going to trial. It could take a long time to work through the pre-trial steps and your lawsuit might not be resolved for a year or more.
Insurance Company Negotiations
Once the adjuster has all the information he needs from you and your car accident investigation, they'll make an offer to settle. They will input all the facts and details into a program that will generate their initial offer. They'll likely be able to come up with a figure that is much lower than the one you calculated based on your investigation. When insurance companies offer settlement offers, they've got their own financial interest in mind.
They'll want to limit the amount they'll have to pay for medical bills and other damage. You can fight back by pointing out all the ways your injuries could affect your life in the future. You could, for instance you can highlight the mounting medical bills and your lost earnings potential, as well being aware of the physical and mental suffering you're feeling.
Your lawyer or you will prepare a demand form and then present it to the insurance company. This letter will include all the evidence you've gathered such as witness statements and photos of your injuries. You should also make an inventory of non-negotiables in order to stop the insurance company from undervaluing your claim. Once an agreement has been reached and the written settlement contract will reflect it. Negotiations are usually back and forth affair, but staying patient will ensure an equitable settlement.
Legal Advice
The next stage in the car accident lawsuit is discovery, during which both sides exchange information as well as evidence. Parties may require medical records or police reports, as well as witness statements. auto accident lawsuit elgin may also exchange interrogatories that are written questions which must be answered under an oath within the time limit. In addition, your attorney will document the extent of your physical emotional and mental injuries and any other damages that you could be seeking to recover, including existing and projected future medical costs, property damage, and lost wages.
Your lawyer will also confer with experts such as medical specialists mechanics, engineers and mechanics. These experts can assist the jury to get an accurate picture of your accident and injuries.
Your attorney will then start negotiations with the insurance companies in order to resolve your case with no trial. If the insurance company is willing to offer you an unsatisfactory settlement or does not take your injury and other damages into consideration the case will be heard at trial.
It is important that victims file a lawsuit immediately, even if only a handful of cases get to the courtroom. Memories fade, witnesses disappear and evidence may be lost as time passes, making it harder to make a strong case for maximum compensation. In addition, you must abide with the statute of limitations in your state, which could be anywhere from one to six years.