Then You've Found Your Auto Accident Law ... Now What?
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Phases of an auto accident law firms Accident Lawsuit
Damage to property, medical bills and lost wages could be significant following a car accident. An experienced lawyer can help you in obtaining the financial amount of compensation you deserve.
The procedure can differ depending on the case, but typically, it starts with the filing of an action. This is followed by the discovery phase and trial, as well as any appeals.
Medical Records
Medical records are an essential element of any auto accident case. They will help a jury or judge understand how the injury has affected your life, including the emotional, physical and financial cost of your injuries. Medical records will also provide a story that insurance companies will have a difficult to argue.
Based on the laws of your state and the policy of your doctor, you may have limited time to request medical records from your healthcare provider. Consult with your lawyer as soon after an accident as is possible. The law safeguards your access to these records through the Health Information Portability and Accountability Act (HIPAA). This doesn't mean you or your lawyer are the only ones able to look over your medical records. Insurance companies are always looking for anything that could suggest your injuries might not be as severe as you think or if you have pre-existing injuries.
Your lawyer will use the medical information you provide to draft the letter of demand that includes evidence to justify the damages you seek. Your lawyer should only supply the relevant medical documents to your insurance company. They may require you to give them permission to access your complete medical record. This is not in your best interest because it could reveal prior injuries that aren't directly related to the current claim.
Reports of Police
Every time a police officer responds to a request for assistance, vehicle or an accident, he or she makes a police report. While they cannot be used in the courts of law (they are deemed to be hearsay) they can provide valuable information to attorneys when they are investigating and preparing their cases.
A police report provides an objective assessment of what happened during the crash, based upon witness statements and observations about the vehicles' damage as well as weather conditions, drivers, and so on. It is a crucial piece of evidence that can aid in winning a car accident lawsuit.
Usually, you can request a copy of your police report from the police station that handled the investigation by calling their non-emergency line and providing an incident or receipt to identify it. The police department may also have a website on which you can request copies online.
If your medical bills or property damage, as well as lost wages exceed an amount that is a certain amount, you will need to start a lawsuit against the driver who is at fault. The police report can be a valuable tool in settlement negotiations, especially when you can prove the other driver's guilt from the evidence provided by the officer. Many cases are settled without going to trial. The process of preparing for trial can be lengthy and your case might not be resolved until a year after you file it.
Insurance Company Negotiations
After the adjuster has all of the information they need from you and your vehicle accident investigation, they'll make an offer to settle. To generate their first offer, they'll enter all the details and facts into a computer program. Most likely, they'll make a smaller number than what you estimated in your investigation. When insurance companies make settlement offers, they have their own financial interests in their minds.
They will wish to limit the amount they are required to pay for medical bills and other damages. You can counter by highlighting all the ways that your injuries will impact your life in the coming years. You could, for instance you can highlight the mounting medical bills and lost earning potential, as being aware of the physical and mental suffering you're experiencing.
You or your attorney will create a letter of demand and submit it to an insurance company. It should include all the evidence you have collected including statements from witnesses, photographs of your injuries, and any documents that support your losses. You'll also make an inventory of your non-negotiables so you can stop the insurance company from under-pricing you. Once an agreement is reached and ratified, it will be included in the form of a written settlement agreement. It's common for a back-and-forth to take place during the negotiation process, but remaining patient will help you reach a fair settlement.
Legal Advice
Discovery is the next stage of the lawsuit, in which the parties exchange information and evidence. The parties can seek medical records, police reports, and witness statements. The parties may also exchange interrogatories which are written questions that must be answered on an oath within the time limit. Additionally the attorney will also document the extent of your physical emotional and mental injuries in addition to the other damages that you could be seeking to recover such as current and anticipated future medical costs, property damage, and lost wages.
Your lawyer will talk to other experts, like medical specialists, mechanics, and engineers. These experts will aid in painting a an appealing image of your crash and your injuries for the jury.
Your lawyer will then begin negotiations with the insurance companies to settle your case without trial. If the insurance company provides you with a small settlement or does not take your injury and other damages into consideration your case is likely to proceed to trial.
It is vital that victims file a suit as soon as they can, even though only a few cases will ever make it to court. Over time memories fade, witnesses pass away, and evidence disappears which makes it more difficult to present a compelling case for the most compensation. Furthermore, you have to comply with the statute of limitations in your state, which could vary from 1 to 6 years.
Damage to property, medical bills and lost wages could be significant following a car accident. An experienced lawyer can help you in obtaining the financial amount of compensation you deserve.
The procedure can differ depending on the case, but typically, it starts with the filing of an action. This is followed by the discovery phase and trial, as well as any appeals.
Medical Records
Medical records are an essential element of any auto accident case. They will help a jury or judge understand how the injury has affected your life, including the emotional, physical and financial cost of your injuries. Medical records will also provide a story that insurance companies will have a difficult to argue.
Based on the laws of your state and the policy of your doctor, you may have limited time to request medical records from your healthcare provider. Consult with your lawyer as soon after an accident as is possible. The law safeguards your access to these records through the Health Information Portability and Accountability Act (HIPAA). This doesn't mean you or your lawyer are the only ones able to look over your medical records. Insurance companies are always looking for anything that could suggest your injuries might not be as severe as you think or if you have pre-existing injuries.
Your lawyer will use the medical information you provide to draft the letter of demand that includes evidence to justify the damages you seek. Your lawyer should only supply the relevant medical documents to your insurance company. They may require you to give them permission to access your complete medical record. This is not in your best interest because it could reveal prior injuries that aren't directly related to the current claim.
Reports of Police
Every time a police officer responds to a request for assistance, vehicle or an accident, he or she makes a police report. While they cannot be used in the courts of law (they are deemed to be hearsay) they can provide valuable information to attorneys when they are investigating and preparing their cases.
A police report provides an objective assessment of what happened during the crash, based upon witness statements and observations about the vehicles' damage as well as weather conditions, drivers, and so on. It is a crucial piece of evidence that can aid in winning a car accident lawsuit.
Usually, you can request a copy of your police report from the police station that handled the investigation by calling their non-emergency line and providing an incident or receipt to identify it. The police department may also have a website on which you can request copies online.
If your medical bills or property damage, as well as lost wages exceed an amount that is a certain amount, you will need to start a lawsuit against the driver who is at fault. The police report can be a valuable tool in settlement negotiations, especially when you can prove the other driver's guilt from the evidence provided by the officer. Many cases are settled without going to trial. The process of preparing for trial can be lengthy and your case might not be resolved until a year after you file it.
Insurance Company Negotiations
After the adjuster has all of the information they need from you and your vehicle accident investigation, they'll make an offer to settle. To generate their first offer, they'll enter all the details and facts into a computer program. Most likely, they'll make a smaller number than what you estimated in your investigation. When insurance companies make settlement offers, they have their own financial interests in their minds.
They will wish to limit the amount they are required to pay for medical bills and other damages. You can counter by highlighting all the ways that your injuries will impact your life in the coming years. You could, for instance you can highlight the mounting medical bills and lost earning potential, as being aware of the physical and mental suffering you're experiencing.
You or your attorney will create a letter of demand and submit it to an insurance company. It should include all the evidence you have collected including statements from witnesses, photographs of your injuries, and any documents that support your losses. You'll also make an inventory of your non-negotiables so you can stop the insurance company from under-pricing you. Once an agreement is reached and ratified, it will be included in the form of a written settlement agreement. It's common for a back-and-forth to take place during the negotiation process, but remaining patient will help you reach a fair settlement.
Legal Advice
Discovery is the next stage of the lawsuit, in which the parties exchange information and evidence. The parties can seek medical records, police reports, and witness statements. The parties may also exchange interrogatories which are written questions that must be answered on an oath within the time limit. Additionally the attorney will also document the extent of your physical emotional and mental injuries in addition to the other damages that you could be seeking to recover such as current and anticipated future medical costs, property damage, and lost wages.
Your lawyer will talk to other experts, like medical specialists, mechanics, and engineers. These experts will aid in painting a an appealing image of your crash and your injuries for the jury.
Your lawyer will then begin negotiations with the insurance companies to settle your case without trial. If the insurance company provides you with a small settlement or does not take your injury and other damages into consideration your case is likely to proceed to trial.
It is vital that victims file a suit as soon as they can, even though only a few cases will ever make it to court. Over time memories fade, witnesses pass away, and evidence disappears which makes it more difficult to present a compelling case for the most compensation. Furthermore, you have to comply with the statute of limitations in your state, which could vary from 1 to 6 years.