Five Killer Quora Answers On Auto Accident Law

Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages could be significant after an auto accidents accident. An experienced lawyer can help you in receiving the compensation you deserve.

The process varies from case to case, however, generally it starts with filing an action. Then follows the discovery phase trial, and any appeals.

Medical Records

Medical records are an important element in any auto accident lawsuit. They will help the judge or Auto Accident jury know how the injury affected your life, as well as the physical, emotional and financial costs of your injuries. Medical records will also reveal an account that insurance companies will have a tough to dispute.

Based on the laws of your state and the policies of your doctor You may be granted only a short amount of time to request medical records from healthcare providers. You should speak with your lawyer as soon following an accident as you can. Health Information Portability and Accountability Act (HIPAA) HIPAA ensures that you have the right to access these documents. But, this doesn't mean that only you or your attorney can see your medical records. Insurance companies are always looking for anything that could suggest your injuries might not be as severe as you think or have a pre-existing condition.

Your lawyer will use your medical records to prepare a demand letters, which will contain evidence to justify the damages you are seeking. Your lawyer should only give the relevant medical records 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 related to the present claim.

Police Reports

Police reports are prepared each time a law enforcement officer responds to an emergency call or accident, such as car accidents. Although they aren't admissible in a court of law (they are deemed to be hearsay) they can provide valuable information to attorneys in the process of investigating and preparing their cases.

A police report provides an objective assessment of what happened during the accident, based on witnesses' testimonies and the officer's observations regarding the damage to the vehicles and weather conditions, drivers and more. It is a crucial piece of evidence that can help you win an auto accident lawyer accident lawsuit.

Typically you can request a copy your police report from the precinct that handled the investigation by calling their non-emergency line and supplying a receipt or incident number to identify the report. You can request copies of the report through the website of the police department.

If your medical bills and property damage as well as lost wages exceed an amount you can afford, you'll have to bring a lawsuit against the driver at fault. The police report is an effective tool for settlement negotiations, especially in cases where you can prove other driver's negligence based on observations made by the officer. Many cases end up reaching an agreement without ever going to trial. It can take time to go through the pre-trial steps and your case may not be resolved for a year or more.

Insurance Company Negotiations

When the adjuster has all the information he needs from you and your car accident investigation, they will make a settlement offer. They will enter all the facts and details into a software program to make their initial offer. They'll likely produce a number that is much lower than the one you calculated based on your study. When insurance companies offer settlement offers, they've got their own financial interests in their minds.

They'll wish to limit the amount they are required to pay for medical bills and other damages. You can fight back if point out how your injuries will negatively impact your life in the coming years. For example, you can refer to your rising medical bills, your lost earning potential, and the emotional and physical suffering that you're currently experiencing.

Your lawyer or you will then draft a demand letter and send it to the insurance company. This letter should include all the evidence you've gathered such as witness statements and photos of your injuries. You'll also prepare an inventory of your non-negotiables, so you can stop the insurance company from negotiating with you. Once an agreement is reached and the written settlement contract will reflect it. Negotiations can be a back and forth affair, but remaining patient will help you achieve a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. The parties can seek medical records, police reports and witness statements. The parties can also exchange interrogatories which are written questions that have to be answered under the oath within a specified time. Additionally, your attorney will document the extent of your physical emotional and psychological injuries and the additional damages that you could seek compensation for in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will also confer with experts like medical specialists mechanics, engineers and mechanics. These experts can assist the jury to get clear information about the injuries and accidents you sustained.

Your attorney will then start discussions with insurance companies in order to settle your case without a trial. If the insurance company is unable to offer you a fair settlement, or does not consider your injuries and other losses, your case will likely go to trial.

It is vital that victims file a lawsuit as soon as possible, even though only a few cases will ever make it to court. Memories fade, witnesses can disappear and evidence may be lost as time passes and it becomes difficult to make a strong argument for the most compensation. In addition, you must abide with the statute of limitations in your state, which could range from 1 to 6 years.