Phases of an Auto Accident Lawsuit
Injuries from car crashes can result in substantial medical bills, property damage and lost wages. A knowledgeable attorney can assist you in obtaining the financial amount of compensation you deserve.
The process is different from case-to-case, however, generally it starts with filing an action. This is followed by the discovery phase along with any appeals.
Medical Records
Medical records are a vital component of any auto crash case. They will assist the judge or jury to know how the injury affected your life, including the emotional, physical and financial consequences of your injuries. Insurance companies will find it difficult to challenge the narrative told by medical records.
You may only have a specific period of time, based on the laws in your state and the policies of your doctor to obtain medical records. Consult with your lawyer as soon following an accident as possible. Health Information Portability and Accountability Act (HIPAA) HIPAA guarantees your right to access these documents. But, this doesn't mean that only you or your attorney can view your medical records. Insurance companies are usually keen to find anything that might indicate that your injuries were not pre-existing or not as severe as you claim.
Your lawyer will use the medical records you provide to draft the letter of demand that will include evidence to support the damages you seek. It is imperative to ensure that your lawyer provides relevant medical documents to the insurance company, as they may ask you to sign an authorization that permits them to access all your medical records. This is not the best option for your claim as it may reveal past injuries not related to this claim.
Police Reports
Police reports are produced every time a law enforcement officer responds to an emergency call and also car accidents. While they cannot be used in a court of law (they are deemed to be hearsay) they can provide valuable information for attorneys who are researching and preparing cases.
A police report provides an objective view of what happened during the crash, based upon witness statements and observations regarding the damage to the vehicle the weather, the drivers and more. It's an important piece of evidence which can assist you in winning a car accident lawsuit.
You can typically request a copy from the police precinct that handled the investigation. Contact their non-emergency number and provide a receipt or an incident number for identification. The police department may have a website on which you can request copies of records online.
After your medical bills or property damage, as well as lost wages exceed a certain amount, you will need to start a lawsuit against the at-fault driver. The police report is an important tool in settlement negotiations, especially in cases where you can prove other driver's negligence based on observations made by the officer. Many cases are settled without going to trial. It may take some time to go through the steps before trial and your case could not be resolved for a year or more.
Insurance Company Negotiations
Once the adjuster has all of the information they require from you as well as your car accident investigation, they will make an offer to settle. They will input all the information and facts into a computer program in order to make their initial offer. They will most likely be able to come up with a figure that's much lower than what you calculated based on your study. When insurance companies make settlement offers, they've got their own financial interest in the back of their heads.
They will wish to limit the amount they have to pay in medical bills and other damages. You can fight back by highlighting all the ways that your injuries will impact your life going forward. For instance, you could, point out your mounting medical bills, your diminished earnings potential, as well being aware of the physical and mental suffering you're feeling.
auto accident lawsuit kenosha or your attorney will then draft an official demand letter and submit it to an insurer. This 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 will also create an inventory of non-negotiables in order to ensure that the insurance company is not undervaluing your claim. If an agreement is reached and ratified, it will be included in an agreement to settle in writing. It's normal for a back-andforth to occur during the negotiation process, but remaining calm will allow you to reach an equitable settlement.
Legal Advice
The next step in a car accident lawsuit is discovery, in which both parties exchange information and evidence. Parties may request medical records, police reports and witness statements. The parties will also exchange interrogatories which are written inquiries which have to be answered on an oath within the time limit. Your attorney will also record the extent of the physical, emotional, and psychological injuries you've sustained, as well as any other damages that might be sought, like current and projected medical expenses as well as property damage and lost wages.
Your lawyer will confer with other experts, including mechanics, medical experts, and engineers. These experts will help paint a vivid picture of your crash and the extent of your injuries to the jury.
Finally, your attorney will begin discussions with insurance companies to try to resolve your claim without trial. If the insurance company offers an unsatisfactory settlement or does not take your injury and other damages into account, your case will likely be heard at trial.
While a small number of cases do go to trial, it is essential for victims to make a claim as soon as they can. The memories fade, witnesses disappear, and evidence could be lost in time and make it difficult to present a convincing case for the maximum amount of compensation. Additionally, you must comply with the statute of limitations in your state, which can be anywhere from one to six years.