The Auto Accident Law Success Story You'll Never Be Able To
Phases of an Auto Accident Lawsuit
Damage to property, medical bills and lost wages could be significant after a car accident. An experienced lawyer can assist you in getting the compensation you deserve.
The procedure can differ from case to case, but usually begins with the filing of an accusation. The discovery phase, trial and any appeals follow.
auto accident law firm bridgeport are an essential element of any auto accident case. They will assist the judge or jury to understand how the injury has affected your life, including the emotional, physical and financial consequences of your injuries. Medical records will also reveal the story that insurance companies will have a hard to argue.
According to the laws of your state and the policies of your doctor In some states, you'll have only a short amount of time to request medical records from healthcare providers. This is why it is important to consult with a lawyer as soon as possible following an accident. Health Information Portability and Accountability Act or HIPAA guarantees your right to access these records. However, this doesn't mean that you or your lawyer are the only ones able to view your medical records. Insurance companies will often try to look for anything that could suggest that your injuries are pre-existing or not so severe as you say.
Your lawyer will use your medical records to create a demand letter which will include evidence to justify the damages you're seeking. It is imperative that your lawyer only provides relevant medical records to the insurance company as they may request you to sign an authorization that permits them to access all your medical records. This is not in your best interest as it could reveal past injuries that are not related to the current claim.
Police Reports
Police reports are produced each time a police officer responds to an emergency call and also car accidents. While they're not admissible in court (they are deemed to be hearsay) however, they provide valuable information to attorneys when conducting an investigation and preparing a case.
A police report provides an objective report of what transpired in the accident, based on witness testimony and observations by the officer regarding the damage to the vehicles as well as weather conditions, drivers and more. It is a crucial piece of evidence which can aid you in winning an auto accident lawsuit.
You can usually request a copy of the records from the precinct responsible for the investigation. Call their emergency line and provide the receipt or incident number to prove your identity. 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 who was at fault once your medical bills, lost wages, and property damage have reached a certain value. The police report can be a useful tool in settlement negotiations, particularly when you can prove that the other driver was at fault based on the officer's observations. In many cases, however, the parties reach a settlement without ever going to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until a year after filing it.
Insurance Company Negotiations
When the adjuster has all of the details they require from you and your vehicle accident investigation, he will make an offer for settlement. To create their initial offer, they will enter all the information and details into the computer program. Most likely, they'll arrive at a less than the amount you calculated based on your investigation. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.
They will be looking to reduce the amount they have to pay in medical bills and other damages. You can fight back by pointing out the many ways that your injuries will negatively impact your life in the future. For instance, you could refer to your rising medical bills, your diminished earnings capacity and the emotional and physical suffering you're experiencing.
Your attorney or you then draft a letter of demand and submit it to an insurance company. This will include all the evidence you've gathered and include statements from witnesses, photographs of your injuries, and any evidence to support your losses. You'll also prepare a list of your non-negotiables so you can prevent the insurance company from under-pricing you. When an agreement is reached it will be documented in a written settlement agreement. Negotiations can be a back and forth affair, but being patient can aid in achieving an equitable settlement.
Legal Advice
The next step in a car accident lawsuit is discovery. During this process, the parties exchange information and evidence. Parties can request medical records and police reports as well as witness statements. They will also provide each other interrogatories (written questions that have to be answered under oath before the expiration of a specific time). Additionally the attorney will also document the extent of your physical emotional and psychological injuries and the additional damages you may seek to compensate for such as current and anticipated future medical expenses, property damage and lost wages.
Your lawyer will also talk with experts such as medical specialists mechanics, engineers and mechanics. They will help paint a an accurate picture of your crash and the extent of your injuries to the jury.
Then, your lawyer will begin discussions with insurance companies to attempt to settle your claim without trial. If the insurance company does not offer an acceptable settlement or doesn't take into consideration your injuries or other damages, your case will likely be heard in court.
It is vital that victims file a lawsuit immediately, even though few cases make it to the courtroom. Over time memories fade, witnesses pass away, and evidence disappears which makes it more difficult to establish a solid claim for the most compensation. You must also comply with the statute of limitations in your state, which can vary between 1 and 6 years.
