Phases of an Auto Accident Lawsuit
Car accident injuries can lead to significant medical bills along with property damage and lost wages. An experienced lawyer can help you receive the compensation you require.
The procedure is different from case-to-case, but generally starts by filing a complaint. This is followed by the discovery phase, trial and any appeals.
Medical Records
Medical records are an essential element of any auto accident lawsuit. They will help the judge or jury know how the injury impacted your life, including the physical, emotional and financial consequences of your injuries. Medical records can also tell an insurance company a story they will have a hard to argue.
Based on the laws of your state and your doctor's guidelines You may be granted limited time to request medical documents from healthcare providers. You should consult your lawyer as soon after an accident as possible. Health Information Portability and Accountability Act or HIPAA, protects your right to access these documents. However, auto accident lawyer grand prairie doesn't mean that only you or your lawyer are able to examine your medical records. Insurance companies will often try to find anything that might suggest that your injuries were pre-existing or not so severe as you say.
Your lawyer will use the medical records you provide to prepare the letter of demand, which will include evidence to support the damages you are seeking. It is essential that your lawyer only provides relevant medical documents to the insurance company, as they may request you to sign an authorization that permits them to access all your medical records. This is not in your best interest as it could reveal past injuries that aren't directly related to the present claim.
Police Reports
When a police officer responds to a request for help, which could include an accident, he makes a police report. Although they are not admissible in the courts of law (they are considered to be hearsay) they can provide valuable information for attorneys who are investigating and preparing cases.
A police report offers an independent account of the crash that is based on the witness' testimony as well as the officer's observations of the weather conditions, drivers, and a variety of other factors. It's a vital piece of evidence that could assist you in winning a lawsuit for car accidents.
Usually you can request a copy your police report from the precinct that was responsible for the investigation by calling their non-emergency line and providing an invoice or incident number to identify it. The police department might also have a website where you can request copies online.
When your medical bills and property damage as well as lost wages reach the amount of a certain amount, then you'll need to bring a lawsuit against the driver at fault. The police report can be an essential tool in settlement negotiations, especially in cases where you can prove other driver's responsibility from the evidence provided by the officer. In many cases, however, the parties reach an agreement without going to trial. Pre-trial proceedings can take a long time and your case might not be resolved until a year after filing it.
Insurance Company Negotiations
Once an adjuster has all the details they require from you and the investigation into the car accident is complete, they will offer an offer of settlement. In order to create their first offer, they will enter all the information and details into an application on computers. Most likely, they will come up with a much smaller amount than you anticipated using your research. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.
They will seek to limit the amount they pay in medical bills and other damages. You can fight back if you mention how your injuries will negatively affect your life in the near future. You could, for instance you can highlight the mounting medical bills and the loss of earning potential, as as the mental and physical suffering you're feeling.
Your lawyer or you then prepare a demand letter and present it to the insurance company. It should include all the evidence you've gathered including witness statements, photos of your injuries and any documentation supporting your losses. You'll also prepare the list of your non-negotiables to ensure you can keep the insurance company from undercutting you. Once an agreement has been reached, the written settlement agreement will reflect it. Negotiations can be a back and forth, but remaining patient will aid in achieving a fair settlement.
Legal Advice
The next stage of the car accident lawsuit is discovery. During this process, both parties exchange information and evidence. The parties may request medical records, police reports, and witness statements. They will also send the other interrogatories (written questions that have to be completed under oath at the deadline). Additionally, your attorney will document the extent of your physical emotional and mental injuries as well as the other damages you could seek compensation for such as current and anticipated future medical expenses, property damage and lost wages.
Your lawyer will also confer with experts like medical specialists as well as mechanics and engineers. These experts can help the jury get a clear picture of the injuries and accidents you sustained.
Finally, your attorney will begin discussions with insurance companies to try to settle your claim without trial. If the insurance company does not offer you an equitable settlement or does not take into account your injuries and other damages, your case will likely be heard in court.
Although a small percentage of cases go to trial, it is crucial for victims to file a lawsuit as soon as is possible. Memory fades, witnesses die and evidence can disappear in time making it more difficult to present a convincing case for the maximum amount of compensation. You must also adhere to the statute of limitations for your state, which can vary from 1 to 6 years.