10 Things Everybody Hates About Auto Accident Law
Phases of an Auto Accident Lawsuit
Medical bills, property damage and lost wages could be substantial after an accident. An experienced lawyer can help you in obtaining the financial justice you deserve.
The procedure can differ from case to case but typically, it begins with the filing of the complaint. The discovery phase, trial and any appeals follow.
Medical Records
Medical records are an essential element of any auto accident lawsuit. They can assist a judge or jury understand the impact of the accident on your life. This includes the emotional, financial, and physical costs. Medical records can also tell an account that insurance companies will have a hard time disputing.
You may only have a specific amount of time, based on the laws of your state and the policy of your doctor, to obtain medical records. This is why you should discuss your legal needs whenever you can following an accident. The law safeguards your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your attorney can examine your medical records. Insurance companies constantly look for evidence that might suggest your injuries might not be as severe as you think or that you have a pre-existing condition.
Your lawyer will make use of your medical records to prepare a demand letter which will include evidence to support the damages you seek. Your lawyer should only give the relevant medical records to your insurance company. They might request you to allow them 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 the Police
When a police officer responds to a call for help, such as an accident, he or she produces a report. While they're not admissible in court (they are considered hearsay) They can provide valuable information to attorneys investigating an incident and preparing an argument.
A police report provides an objective report of what happened in the accident, based on witnesses' testimony and observations by the officer about the vehicles' damage, weather conditions, drivers, and so on. It is a significant document that can assist you in winning your lawsuit for car accidents against the defendant.
auto accident attorney norwalk can typically request a copy from the precinct that was responsible for the investigation. Call their non-emergency phone number and provide a receipt or an incident number to prove your identity. The police department might have a website on which you can request copies online.
If your medical bills, property damage and lost wages reach an amount that is a certain amount, you will need to start a lawsuit against the driver at fault. The police report can be a useful tool during settlement negotiations, especially if you can prove that the other driver was at blame based on the officer's observations. But, many cases settle an agreement without ever going to trial. The process of preparing for trial can be lengthy and your case may not be resolved until a year after filing it.
Insurance Company Negotiations
After the adjuster has all of the information they need from you and your vehicle accident investigation, they will make an offer to settle. They will enter all the facts and details into a computer program to generate their initial offer. They'll most likely produce a number that is much lower than the one you calculated based on your investigation. When insurance companies make settlement offers, they've got their own financial interest in their minds.
They'll wish to limit the amount they pay in medical bills and other damages. You can fight back when you point out the way your injuries will affect your life in the near future. For example, you can draw attention to your increasing medical bills, your lost earning capacity and the emotional and physical pain you're suffering.
Your attorney or you then draft the letter of demand and then present it to an insurer. It should include all the evidence you have gathered, including witness statements, photos of your injuries as well as any documents that support your losses. You'll also prepare the list of the items you cannot negotiate, so you can keep the insurance company from lowballing you. After an agreement has been reached, the written settlement agreement will reflect it. It's normal for a back and forth to take place during these negotiations, but staying in the moment will help you get an acceptable settlement.
Legal Advice
The next stage of the car accident lawsuit is discovery. During this process, the parties exchange information and evidence. Parties can request medical records and police reports and witness statements. They will also provide any additional interrogatories (written questions that must be completed under oath at the deadline). Your attorney will also write down the severity of physical, emotional, and psychological injuries you have suffered, in addition to any other damages which could be sought out, such as the current and anticipated medical expenses, property damage, and lost wages.
Your lawyer will also speak with experts such as medical professionals mechanics, engineers and mechanics. These experts will aid in painting a an accurate picture of the crash and the extent of your injuries to the jury.
Your attorney will then start discussions with insurance companies in order to settle your case without a trial. If the insurance company is willing to offer you an unsatisfactory settlement or fails to take your injuries and other damages into account the case will be heard at trial.
It is crucial that victims file a suit as soon as they can even though very few cases get to court. Over time memories fade, witnesses pass away, and evidence disappears, making it more difficult to present a compelling case for maximum compensation. You must also comply with your state's statute of limitations which can range from 1 to 6 years.