5 Killer Quora Answers On Auto Accident Law
Phases of an Auto Accident Lawsuit
Injuries from car crashes can lead to significant medical bills as well as property damage and loss of wages. An experienced attorney can help you receive the compensation you need.
The procedure can differ from case to case, but generally, it begins with the filing of a complaint. Then comes the discovery phase trial, and any appeals.
Medical Records
Medical records are an essential part of any auto accident lawsuit. They will assist jurors or judges to comprehend the impact of the accident on your life. This includes the financial, emotional, and physical costs. Insurance companies will be unable to refute the story portrayed by medical records.
You might only have a particular period of time, based on the laws in your state and the policies of your doctor to request medical records. This is the reason why you should speak with your lawyer as soon as you can following an accident. The law provides access to these documents through the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer will be able to view your medical records. Insurance companies are usually keen to look for anything that could suggest that your injuries are pre-existing or not as severe as you claim.
Your lawyer will use your medical records to create a demand letter which will include evidence to justify the damages you're seeking. Your lawyer should only supply the relevant medical records to your insurance company. They may ask you to authorize them to access your complete medical record. This is not in your best interest because it could reveal prior injuries that aren't related to the current claim.
Reports of the Police
Each time a police officer responds to a call for assistance, or an accident, he makes a police report. Even though they're not admissible in court (they are considered to be hearsay) however, they provide invaluable information to attorneys investigating an accident and preparing the case.
A police report provides an objective account of the incident that is based on the witness' testimony and the officer's observations of the weather conditions, drivers, and a variety of other factors. It's an important piece of evidence that can assist you in winning your car accident lawsuit against the defendant.
You can typically request a copy of the records from the precinct that was responsible for the investigation. Call their emergency line and provide an invoice or an incident number as identification. The police department might have a website on which you can request copies of records online.
After your medical expenses or property damage, as well as lost wages reach the amount of a certain amount, then you will need to start a lawsuit against the at-fault driver. The police report can be a valuable tool in settlement negotiations, especially when you can demonstrate that the other driver was largely at fault, based on an officer's observations. A lot of cases are settled without going to trial. It could take a long time to go through the steps before trial and your case may not be resolved for a long time.
Insurance Company Negotiations
Once an adjuster has all the information they require from you as well as the car accident investigation is complete, they will offer an offer for settlement. In order to create their first offer, they will enter all the information and details into the computer program. They'll most likely come up with a number which is lower than what you calculated based on your investigation. When insurance companies offer settlement offers, they have their own financial interest in the back of their heads.
They'll want to reduce the amount they'll need pay for your medical bills and other damages. You are able to fight back if you point out the way your injuries will impact your life in the coming years. You can, for example, point out your mounting medical bills and lost earnings potential, as well as the mental and physical suffering you're experiencing.
You or your attorney will then prepare the letter of demand and then present it to an insurer. The letter should include all of the evidence that you've gathered, including witnesses' statements and photographs of your injuries. Also, you will create an inventory of non-negotiables in order to stop the insurance company from undervaluing your claim. Once an agreement is reached and the written settlement contract will reflect it. auto accident attorney toledo for a back and forth to occur during the negotiation process, but remaining calm will allow you to reach an acceptable settlement.
Legal Advice
Discovery is the next phase of the lawsuit, in which both parties exchange information and evidence. The parties can seek medical documents, police reports or witness statements. They will also provide any additional interrogatories (written questions that must be answered under oath before the end of the specified time). Your attorney will also document the severity of the physical emotional, psychological, and physical injuries you've suffered, in addition to any other damages that might be sought, like current and projected medical expenses, property damage, and lost wages.
Your lawyer will speak with other experts, including mechanics, medical experts, and engineers. These experts can help the jury to get clear information about your injuries and accident.
Your attorney will then start negotiations with the insurance companies in order to resolve your case with no trial. If the insurance company is unable to provide you with a fair settlement or doesn't take into consideration your injuries and other damages your case will likely be heard in court.
Although a small percentage of cases go to trial it is important for victims to make a claim as soon as they can. Memories fade, witnesses die and evidence can disappear in time making it more difficult to make a strong case for the maximum amount of compensation. You must also adhere to your state's statute of limitations which can vary between 1 and 6 years.