Phases of an Auto Accident Lawsuit
Car crash injuries could result in significant medical bills as well as property damage and loss of wages. An experienced lawyer can help to get the compensation you need.
The process is different from case to case however, it generally begins with filing a complaint. The discovery phase, trial, and any appeals follow.
Medical Records
Medical records are a vital part of any auto accident case. They will help a judge or jury know the effects of the injury on your life. This includes the emotional, financial, and physical costs. Medical records can also tell the story that insurance companies will have a tough to dispute.
You may only have a certain amount of time, depending on the laws in your state and the policies of your doctor to request medical records. This is the reason why you should speak with your lawyer immediately following an accident. Health Information Portability and Accountability Act, or HIPAA, protects your right to access these records. However, this doesn’t mean that only you or your lawyer will be able to examine your medical records. Insurance companies are always looking for any sign that could suggest that your injuries aren’t as serious as you claim or have a pre-existing condition.
Your lawyer will use the medical records that you supply to write the letter of demand that will include evidence to support the damages you’re seeking. It is crucial that your lawyer only send relevant medical records to the insurance company as they may request you to sign a medical authorization that allows them to access all your medical records. This is not the best option for your claim since it could expose past injuries that are not relevant to this claim.
Police Reports
Each time a police officer responds to a call for help, including an accident, he or she creates a police report. Although they cannot be admitted in a court of law (they are considered to be hearsay) They are a valuable source of information to attorneys in the process of conducting investigations and preparing cases.
A police report provides an objective report of what happened in the accident, based on witnesses’ statements and the officer’s observations regarding the damage to the vehicles as well as weather conditions, drivers, and so on. It is an important piece of evidence that can aid you in winning your car accident lawsuit against the defendant.
Typically you can request a copy your police report from the precinct that handled the investigation by calling their non-emergency line and providing a receipt or incident number to identify it. You can also request copies of police reports through the department’s website.
You’ll need to file a suit against the driver at fault when your medical bills along with lost wages and property damage exceed an amount. The police report can be an effective tool during settlement negotiations, especially when you can prove that the other driver was largely at fault based on the officer’s observations. auto accident attorney meridian are settled without going to trial. It can take time to work through the pre-trial steps and your case may not be resolved for a year or more.
Insurance Company Negotiations
After the adjuster has all of the information they need from you as well as your car accident investigation, he will make a settlement offer. They will then input all the information and facts into a software program to generate their initial offer. Most likely, they’ll arrive at a smaller amount than you anticipated based on your study. When insurance companies make settlement offers, they have their own financial interest in mind.
They will seek to limit the amount they are required to pay for medical bills and other damages. You can fight back when you point out how your injuries will negatively affect your life in the near future. For instance, you could point to your mounting medical bills, your decreased earnings capacity and the emotional and physical suffering you’re suffering.
Your attorney or you will then prepare an order letter and then present it to an insurance company. This letter should include all the evidence you have gathered including witness statements and photos of your injuries. Additionally, you should create an inventory of non-negotiables in order to keep the insurance company from undervaluing your claim. Once you have reached an agreement, it will be reflected in an agreement to settle in writing. It’s common for a back-and-forth to occur during these negotiations, but staying calm will allow you to reach an equitable settlement.
Legal Advice
The next stage of the car accident lawsuit is discovery, during which both parties exchange information and evidence. The parties may request medical records, police reports, and witness statements. They will also send each other interrogatories (written questions that need to be answered under oath before the expiration of a specific time). Your lawyer will also record the extent of physical psychological, emotional, and physical injuries you’ve suffered, as well as any other damages that may be sought, such as the amount of medical expenses you are currently and in the future, property damage, and lost wages.
Your lawyer will speak with other experts, including mechanics, medical experts and engineers. These experts will help paint a a vivid image of your crash and the injuries you sustained for the jury.
Your attorney will then begin negotiations with insurance companies to resolve your case with no trial. If the insurance company doesn’t offer a fair settlement, or doesn’t take into consideration your injuries or other damages, your case will likely go to trial.
Although few cases actually get to trial, it is important for victims to begin a lawsuit as soon as they can. Over time memories fade, witnesses pass away, and evidence disappears which makes it more difficult to make a strong claim for the highest amount of compensation. It is also important to adhere to your state’s statute of limitations which can vary between 1 and 6 years.