3 Reasons You're Auto Accident Law Is Broken (And How To Repair It)
Phases of an Auto Accident Lawsuit
Property damage, medical bills and lost wages may be significant after an accident. An experienced lawyer can assist you in obtaining the financial amount of compensation you deserve.
The procedure is different depending on the case, but generally, it begins with filing a complaint. Then follows the discovery phase along with any appeals.
Medical Records
Medical records are an essential element of any auto accident case. They will aid the judge or jury to understand how the injury has affected your life, including the emotional, physical and financial cost of your injuries. Insurance companies will have a hard time to argue with the information provided by medical records.
You might only have a particular period of time, based on the laws in your state and the policy of your doctor to request medical records. This is why you should consult with a lawyer immediately following an accident. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that you or your lawyer are the only ones who can access your medical records. Insurance companies are always looking for any sign that could indicate your injuries may not be as serious as you claim or have a pre-existing condition.
Your lawyer will use your medical records to create a demand letter which will contain evidence to justify the damages you seek. It is imperative that your lawyer only provide relevant medical documents to the insurance company since they might ask you to sign a medical authorization that allows them to access all of your medical records. auto accident lawyer grand prairie is not beneficial to your claim as it may reveal previous injuries that are not connected to this claim.
Reports of Police
When a police officer responds to a call for help, including an accident, he or she prepares a police report. Although they aren't admissible in a court of law (they are deemed to be hearsay) they are valuable information to attorneys in the process of investigating and preparing cases.
A police report offers an objective account of the accident that is based on the witness' testimony as well as the officer's observations regarding the weather conditions, the drivers, and other aspects. It's an important evidence that can assist you in winning a car accident lawsuit.
Typically you can request a copy your police report from the police station that was responsible for the investigation by calling their non-emergency line and supplying an incident or receipt to identify it. You can request copies of the report through the police department's website.
After your medical expenses and property damage as well as lost wages reach an amount that is a certain amount, you'll have to make a claim against the at-fault driver. The police report can be an effective tool during settlement negotiations, particularly in cases where you can show that the other driver was at fault based on the police officer's observations. Many cases are settled without having to go to trial. The process of preparing for trial can be lengthy and your case may not be resolved until one year after you file it.
Insurance Company Negotiations
When the adjuster has all the information they require from you and your automobile accident investigation, he'll make an offer to settle. To make their first offer, they'll input all the details and facts into the computer program. Most likely, they'll make a smaller amount than you anticipated using your research. When insurance companies make settlement offers, they have their own financial interests in mind.
They will be looking to reduce the amount they are required to pay for medical bills and other damages. You can counter by pointing out the many ways that your injuries could affect your life in the future. For instance, you could, point out your mounting medical bills, your diminished earning potential, as well in the mental and physical suffering you're experiencing.
Your lawyer or you will then prepare a demand letter and present it to the insurer. This will include all the evidence you have collected, including witness statements, photographs of your injuries as well as any evidence to support your losses. Also, you will create an outline of the things you will not negotiate to stop the insurance company from undervaluing your claim. If an agreement is reached it will be documented in the form of a written settlement agreement. It's common for a back-and-forth to occur during these negotiations, but being in the moment will help you get an equitable settlement.
Legal Advice
Discovery is the next stage of the lawsuit, in which the parties exchange information and evidence. Parties can seek medical records and police reports, and witness statements. They will also provide the other interrogatories (written questions that have to be completed under oath at the end of the specified time). In addition the attorney will also document the extent of your physical emotional and psychological traumas as well as the other damages that you could seek compensation for that are incurred, such as future medical expenses, property damage and lost wages.
Your lawyer will also talk with experts, such as medical experts mechanics, engineers, and mechanics. These experts can assist the jury get a clear picture of your accident and injuries.
Your attorney will then begin discussions with insurance companies in order to resolve your case without trial. If the insurance company doesn't offer a fair settlement or does not take into account your injuries and other damages, your case is likely to be heard in court.
It is crucial that victims file a lawsuit immediately, even though only a few cases will ever make it to the courtroom. With time memories fade, witnesses die, and evidence disappears, making it more difficult to file a convincing claim for maximum compensation. Plus, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.