15 Reasons To Not Overlook Auto Accident Law
Phases of an Auto Accident Lawsuit
Injuries from car crashes could result in significant medical bills, property damage and lost wages. An experienced attorney can assist you in obtaining the justice you deserve.
The process can vary from case to case but usually begins with the filing of the complaint. The discovery phase, trial, and appeals are the next step.
Medical Records
Medical records are an important element in any auto accident lawsuit. They can help a judge or jury comprehend the impact of the injury on your life. This includes the financial, emotional physical, and emotional expenses. Insurance companies will be unable to challenge the narrative told by medical records.
You may only have a certain amount of time, depending on the laws of your state and the guidelines of your physician, to obtain medical records. This is the reason why you should contact your lawyer as soon as possible following an accident. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your lawyer can examine your medical records. Insurance companies are always looking for evidence that suggests your injuries might not be the severity you claim or that you have a pre-existing condition.
Your lawyer will use your medical records in order to draft a demand letter, that will include evidence to justify the damages you're seeking. It is crucial that your lawyer only provides relevant medical documents to the insurance company, since they might ask you to sign a medical authorization that allows them to access all your medical records. This is not beneficial to your claim since it could reveal previous injuries that are not connected to the claim.
auto accident attorneys chino are generated every time a law enforcement officer responds to an emergency call, including car accidents. Although they are not admissible in a court of law (they are considered to be hearsay) they are valuable information to attorneys in the process of investigating and preparing cases.
A police report gives an objective account of the incident which is based on the witnesses testimony of the officer and his observations regarding the weather conditions, the drivers, and other factors. It's an important evidence that can help you win a car accident lawsuit.
You can typically request a copy from the precinct responsible for the investigation. Call their emergency line and provide a receipt or an incident number as identification. The police department might also have a website where you can request copies of your records online.
You'll have to file a suit against the driver responsible when your medical bills, lost wages, and property damage exceed an amount. The police report can prove to be a helpful tool in settlement negotiations, particularly in cases where you can show that the other driver was largely at fault, based on an officer's observations. But, many cases settle an agreement without going to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until one year after filing it.
Insurance Company Negotiations
When the adjuster has all of the information he needs from you and your car accident investigation, he'll make an offer to settle. They will input all the information and facts into a computer program in order to generate their initial offer. They'll most likely arrive at a figure which is lower than what you calculated from your investigation. When insurance companies make settlement offers, they've got their own financial interest in their minds.
They'll want to reduce the amount they have to pay for medical expenses and other damages. You can fight back by pointing out the many ways that your injuries could affect your life in the future. For instance, you could, point out your mounting medical bills and the loss of earnings potential, as well in the mental and physical suffering you're experiencing.
You or your lawyer will then prepare a demand letter and send it to the insurer. This should include all the evidence you've collected including statements from witnesses, photographs of your injuries as well as any evidence to support your losses. You'll also make an inventory of your non-negotiables, so you can keep the insurance company from lowballing you. If an agreement is reached it will be documented in a written settlement agreement. It's not uncommon for back-and-forth to occur during the negotiation process, but remaining calm will allow you to reach an acceptable settlement.
Legal Advice
The next stage of the car accident lawsuit is discovery, in which both sides exchange information and evidence. Parties can require medical records or police reports, and witness statements. The parties may also trade interrogatories which are written inquiries that must be answered on an oath within certain times. Additionally your lawyer will record the extent of your physical emotional and psychological injuries and the additional damages you could seek to compensate for such as current and anticipated future medical expenses, property damage and lost wages.
Your lawyer will confer with other experts, including mechanics, medical specialists, and engineers. These experts can assist the jury get a clear picture of your injuries and the accident.
Finally, your attorney will begin negotiations with insurance companies to try to settle your claim without trial. If the insurance company fails to provide you with an acceptable settlement or does not take into account your injuries and other losses, your case is likely to be heard in court.
It is crucial that victims file a lawsuit as soon as possible even though very few cases will ever make it to the courtroom. Memories fade, witnesses can pass away, and evidence can be lost over time and it becomes difficult to establish a compelling argument for the most compensation. Plus, you must comply with the statute of limitations in your state, which can range from 1 to 6 years.