14 Questions You're Afraid To Ask About Auto Accident Law
Phases of an Auto Accident Lawsuit
Injuries from car crashes can lead to significant medical bills along with property damage and lost wages. An experienced lawyer can help you in obtaining the financial amount you are due.
The process can vary depending on the case, but usually starts with the filing of an action. Then follows the discovery phase, trial and any appeals.
Medical Records
Medical records are an important element in any auto accident lawsuit. They will assist a jury or judge comprehend how the accident affected your life, including the emotional, physical and financial costs of your injuries. Medical records can also tell an account that insurance companies will have a difficult to dispute.
You may only have a certain period of time, based on the laws in your state and the guidelines of your physician, to request medical records. This is why it is important to discuss your legal needs whenever you can following an accident. Health Information Portability and Accountability Act, or HIPAA, protects your right to access these records. But, this doesn't mean that only you or your lawyer will be able to view your medical records. Insurance companies are always looking for anything that suggests your injuries may not be as serious as you claim or that you have a pre-existing condition.
Your lawyer will utilize the medical records you provide to draft the letter of demand, which will include evidence supporting the damages you seek. It is important that your lawyer only provide relevant medical documents to the insurance company, as they may request you to sign a medical authorization that allows them to access all of your medical records. This is not in your best interests since it could reveal previous injuries that are not related to the present claim.
Police Reports
Police reports are generated each time a law enforcement officer responds to an emergency call, including car accidents. While they're not admissible in court (they are deemed to be hearsay), they do provide valuable information to attorneys investigating an accident and preparing a case.
A police report is an objective account of the accident, based on the witness' testimony as well as the officer's observations of the weather conditions, drivers, and other aspects. It's a vital evidence that can aid in winning a lawsuit for car accidents.
Typically, you can request a copy of your police report from the precinct that was responsible for the investigation by calling their non-emergency number and providing an invoice or incident number to identify the report. You can request copies of your police report through the department's website.
After your medical bills or property damage, as well as lost wages are at a certain amount, you'll need to make a claim against the driver who is at fault. The police report can prove to be a helpful tool in settlement negotiations, especially when you can prove that the other driver was largely at fault, based on an officer's observations. A lot of cases are settled without having to go to trial. The process of preparing for trial can be lengthy and your case might not be resolved until one year after filing it.
Insurance Company Negotiations
When the adjuster has all the information they need from you and your automobile accident investigation, he'll make a settlement offer. To make their first offer, they'll enter all the information and details into the computer program. They'll most likely produce a number that is much lower than the one you calculated from your research. When insurance companies offer settlement offers, they have their own financial interests in their minds.
They will wish to limit the amount they have to pay in medical bills and other damages. auto accident attorneys everett can fight back when you explain the negative effects your injuries could have on you and affect your life in the near future. For example, you can highlight your growing medical bills, your lost earning capacity, and the emotional and physical suffering you're going through.
Your attorney or you will then prepare an official demand letter and then present it to an insurance company. The letter should include all of the evidence that you have gathered including witnesses' statements and photographs of your injuries. Also, you'll make a list of your non-negotiables, so you can stop the insurance company from lowballing you. Once you have reached an agreement the agreement will be recorded in a written settlement agreement. It's common for a back-and-forth to take place during these negotiations, but staying in the moment will help you get an acceptable settlement.
Legal Advice
The next stage in the car lawsuit involving an accident is discovery, where both sides exchange information and evidence. The parties may seek medical documents, police reports or witness statements. The parties will also exchange interrogatories which are written inquiries that have to be answered under oath within a certain time. Your attorney will also document the extent of the physical emotional, psychological, and physical injuries you've suffered, in addition to any other damages which could be sought, including current and projected medical expenses or property damage, as well as lost wages.
Your lawyer will consult with other experts, including mechanics, medical specialists, and engineers. These experts will help paint a a vivid picture of your crash and the injuries you sustained for the jury.
Then, your lawyer will begin discussions with insurance companies to try to settle your claim without a trial. If the insurance company doesn't offer an acceptable settlement or does not consider your injuries and other damages, your case will likely be heard in court.
It is crucial that victims file a lawsuit promptly, even though only a few cases will ever make it to the courtroom. With time, memories fade, witnesses pass away and evidence is lost 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 range from 1 to 6 years.