15 Reasons To Not Ignore Auto Accident Law
Phases of an Auto Accident Lawsuit
Car crash injuries can result in substantial medical bills, property damage and lost wages. A knowledgeable attorney can help you receive the compensation you need.
The procedure varies from case to case however, generally it starts with filing a complaint. Then follows the discovery phase, trial and any appeals.
Medical Records
Medical records are an essential element in any auto accident lawsuit. They will assist jurors or judges to determine the impact of the accident on your life. This includes the financial, emotional physical, and emotional costs. Insurance companies will find it difficult to dispute the story told by medical records.
You may only have a specific amount of time, contingent on the laws in your state and the policy of your doctor, to obtain medical records. This is the reason you should consult with a lawyer whenever you can following an accident. The law protects your access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones to access your medical records. Insurance companies are always looking for any sign that could suggest your injuries may not be the severity you claim or if you have pre-existing injuries.
Your lawyer will use the medical information you provide to create a letter of demand that will include evidence supporting the damages you're seeking. It is important that your lawyer only provides relevant medical documents to the insurance company as they may ask you to sign a medical authorization that allows them to access all your medical records. This is not in your best interest since it could expose past injuries that aren't connected to the present claim.
Police Reports
Every time a police official responds to a call for help, including an accident, he or she makes a police report. Although they aren't admissible in the courts of law (they are considered to be hearsay) They are a valuable source of information to attorneys when they are conducting investigations and preparing cases.
A police report provides an objective assessment of what happened during the crash, based upon witness testimonies and the officer's observations about the vehicles' damage the weather, the drivers and more. It's an important piece of evidence that could aid you in winning a lawsuit for car accidents.
You can usually request a copy from the precinct responsible for the investigation. Call their non-emergency phone number and provide a receipt or an incident number as identification. The police department might have a website where you can request copies of the records online.
You'll need to file a lawsuit against the driver responsible after your medical expenses, lost wages, and property damage reach the amount of. The police report can be a useful tool during settlement negotiations, particularly if you can prove that the other driver was at blame based on the 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 may not be resolved until one year after filing it.
Insurance Company Negotiations
Once an adjuster has all the details they require from you as well as the investigation of the car accident, they will extend an offer of settlement. They will put all the facts and details into a program that will make their initial offer. Most likely, they'll make a smaller number than what you estimated from your study. When insurance companies offer settlement offers, they've got their own financial interest in their minds.
They'll want to limit how much they will have to pay for medical bills and other damages. You are able to fight back if you highlight the way your injuries will affect your life in future. For instance, you could you can highlight the mounting medical bills, your diminished earnings potential, as well as the mental and physical pain you're experiencing.
Your lawyer or attorney will then draft a demand letter and submit it to the insurer. The letter should contain all of the evidence that you've collected, including witness statements and photos of your injuries. You should also create an outline of your non-negotiables so you can deter the insurance company from negotiating with you. Once an agreement is reached the settlement agreement written will reflect it. Negotiations can be a back and forth, but being patient can assist you in negotiating a fair settlement.
Legal Advice
Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. Parties can seek medical documents, police reports or witness statements. The parties may also exchange interrogatories which are written inquiries which have to be answered on an oath within the time limit. auto accident lawyer district of columbia will also record the extent of the physical psychological, emotional, and physical injuries you've suffered, as well as any other damages that may be sought out, such as the amount of medical expenses you are currently and in the future, property damage, and lost wages.
Your lawyer will also talk with experts such as medical professionals mechanics, engineers and mechanics. They will help paint a an appealing picture of the crash and the extent of your injuries to the jury.
Then, your lawyer will begin negotiations with insurance companies in order to attempt to settle your claim without trial. If the insurance company is unable to offer an equitable settlement or does not take into account your injuries and other damages your case is likely to be heard in court.
It is crucial that victims file a lawsuit promptly, even though only a few cases make it to court. Over time, memories fade, witnesses die and evidence is lost and it becomes more difficult to establish a solid claim for the most compensation. Plus, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.