Why You Should Concentrate On Enhancing Auto Accident Law
Phases of an Auto Accident Lawsuit
Injuries from car crashes can result in significant medical bills as well as property damage and loss of wages. A knowledgeable attorney can help you receive the compensation that you need.
The process is different from case to case but generally starts by filing an action. The discovery phase, trial and appeals are the next step.
Medical Records
Medical records are an essential element of any auto accident lawsuit. They will help jurors or judges to understand the impact of the injury on your life. This includes the emotional, financial physical, and emotional costs. Medical records will also reveal the story that insurance companies will have a difficult to argue.
In accordance with the laws of your state and the policy of your doctor, you may have the time to request medical records from your healthcare provider. This is the reason you should contact your lawyer whenever you can after an accident. The law protects your access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer are able to examine your medical records. Insurance companies are always looking for anything that might suggest your injuries might not be as severe as you think or have a pre-existing condition.
Your lawyer will use your medical records in order to prepare a demand letters, which will include evidence to justify the damages you seek. Your lawyer should only supply the relevant medical records to your insurance company. They may ask you to grant them permission to access your entire medical record. This is not in your best interest since it could reveal previous injuries that aren't related to the present claim.
Police Reports
Police reports are produced each time a police officer responds to an emergency and also car accidents. Although they cannot be admitted in the courts of law (they are deemed to be hearsay) They are a valuable source of information for attorneys who are investigating and preparing their cases.
A police report is an objective account of what happened during the crash, based on witness testimony and observations by the officer regarding the damage to the vehicle, weather conditions, drivers, and so on. It's an important document that can help you win your lawsuit for car accidents against the defendant.
Typically you can request a copy of your police report from the local police department that handled the investigation by calling their non-emergency phone number and providing a receipt or incident number to identify the report. You can request copies of the report through the department's website.
You will need to file a lawsuit against the driver responsible once your medical bills or lost wages damages to property reach a certain value. The police report can be a valuable tool in settlement negotiations, especially when you can demonstrate that the other driver was at fault based on the police officer's observations. Many cases are settled without having to go to trial. The pre-trial process can be long and your case may not be resolved until a year after you file it.
Insurance Company Negotiations
Once the adjuster has all the information they require from you and your vehicle accident investigation, he will make an offer for settlement. They will put all the facts and details into a software program to make their initial offer. Most likely, they will come up with a much less than the amount you calculated from your investigation. When insurance companies offer settlement offers, they've got their own financial interests in the back of their heads.
They'll want to reduce the amount they'll need pay for your medical expenses and other damage. You can counter by pointing out all the ways that your injuries will impact your life in the coming years. For instance, you can mention your increasing medical bills and lost earning potential, as in the mental and physical suffering you're feeling.
Your lawyer or you will create a demand letter and then present it to the insurance company. This should include all the evidence you've collected such as witness statements, photographs of your injuries, and any documents supporting your losses. You should also create a list of your non-negotiables to ensure you can stop the insurance company from negotiating with you. When an agreement is reached and ratified, it will be included in an agreement for settlement in writing. Negotiations often involve back and forth, but being patient can ensure an equitable settlement.
Legal Advice
The next step in a car lawsuit involving an accident is discovery, in which both parties exchange information and evidence. Parties may request medical records, police reports and witness statements. The parties can also exchange interrogatories which are written questions that have to be answered under an oath within certain times. Additionally the attorney will also document the extent of your physical, emotional and psychological injuries and any other damages that you could seek compensation for, including existing and projected future medical costs, property damage, and lost wages.
Your lawyer will also talk 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 lawyer will then begin discussions with insurance companies in order to resolve your case with no trial. If auto accident lawyer sterling heights is willing to offer you an unsatisfactory settlement or fails to take your injuries and other damages into account the case could be heard at trial.
It is important that victims file a lawsuit immediately even though very few cases get to court. Memories fade, witnesses pass away, and evidence can be lost in time making it more difficult to establish a compelling case for the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which can range from 1 to 6 years.