20 Fun Facts About Auto Accident Law

Phases of an Auto Accident Lawsuit

Property damage, medical bills and lost wages can be substantial following an chelsea auto accident lawyer accident. An experienced lawyer can help you receive the compensation you need.

The procedure can differ from case-to-case, but typically, it starts with the filing of a complaint. Then follows the discovery phase, trial and any appeals.

Medical Records

Medical records are a vital element of any santa clarita auto accident attorney accident case. They will assist jurors or judges determine how the accident has impacted your life, including the emotional, physical and financial consequences of your injuries. Insurance companies will be unable to argue with the information provided by medical records.

In accordance with the laws of your state and the policy of your doctor You may be granted a limited amount of time to request medical documents from healthcare providers. This is the reason you should speak with your lawyer as soon as you can after an accident. The law protects your access to these records by implementing 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 will often try to uncover anything that could suggest that your injuries are pre-existing or not as severe as you think.

Your lawyer will use your medical records in order to prepare a demand letter which will contain evidence to justify the damages you seek. It is crucial that your lawyer only provides relevant medical records to the insurance company, as they may ask you to sign a medical authorization that allows them to access all of your medical records. This is not in your best interest since it could expose past injuries that aren't related to the present claim.

Reports of the Police

Each time a police officer responds to a request for help, which could include an accident, he or she makes a police report. Although they are not admissible in the courts of law (they are considered to be hearsay) they are valuable information to attorneys when they are conducting investigations and preparing cases.

A police report is an objective report of what happened during the crash, based upon witness testimony and observations by the officer regarding the damage to the vehicle, weather conditions, drivers and more. It is an important piece of evidence that could assist you in winning your car accident lawsuit against the defendant.

Typically you can request a copy of your police report from the precinct that was responsible for the investigation by calling their non-emergency line and supplying an invoice or incident number to identify it. The police department may have a website where you can request copies of records online.

After your medical bills or property damage, as well as lost wages reach a certain amount, you'll have to file a lawsuit against the driver who is at fault. The police report is an important tool in settlement negotiations, particularly in cases where you can prove other driver's responsibility from the evidence provided by the officer. A lot of cases are settled without going to trial. It may take some time to complete the pre-trial procedures and your lawsuit might not be resolved for a year or more.

Insurance Company Negotiations

After the adjuster has all of the information he needs from you and your vehicle accident investigation, he will make an offer for settlement. They will then input all the facts and details into a software program to create their initial offer. Most likely, they'll come up with a much smaller number than what you estimated in your investigation. When insurance companies offer settlement offers, they've got their own financial interests in mind.

They'll want to reduce the amount they'll need to pay for medical bills and other damages. You are able to fight back if you point out how your injuries will negatively affect your life in future. For instance, you can mention your increasing medical bills, your diminished earning potential, as well in the mental and physical suffering you're experiencing.

You or your lawyer will prepare a demand form and submit it to the insurance company. This will include all the evidence you have gathered and include witness statements, photographs of your injuries as well as any documentation supporting your losses. You'll also make an inventory of your non-negotiables so you can stop the insurance company from negotiating with you. When an agreement is reached, it will be reflected in a written settlement agreement. It's not uncommon for back-and-forth to occur during these negotiations, but staying patient will help you achieve a fair settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery, during which both sides exchange information as well as evidence. Parties can seek medical records and police reports, and witness statements. The parties may also exchange interrogatories which are written inquiries that have to be answered under an oath within certain times. In addition your lawyer will record the extent of your physical emotional and psychological injuries in addition to the other damages you could seek to compensate for in the future, including current and future medical costs, property damage, and lost wages.

Your lawyer will also consult with experts, such as medical experts mechanics, engineers, and mechanics. These experts will help paint an appealing image of the accident and the injuries you sustained for the jury.

Then, your lawyer will begin negotiations with insurance companies to attempt to settle your claim with out a trial. If the insurance company fails to offer an acceptable settlement or does not take into account your injuries or other damages, your case will likely be heard in court.

It is important that victims file a lawsuit as soon as possible, even though only a few cases will ever make it to court. Memory fades, witnesses pass away, and evidence can be lost in time and make it difficult to present a convincing argument for the most compensation. Additionally, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.