20 Best Tweets Of All Time Concerning Auto Accident Law Phases of an Auto Accident Lawsuit

Damage to property, medical bills, and lost wages can be significant following an auto accident. An experienced attorney can help you receive the compensation you require.

The process is different from case to case but generally starts by filing a complaint. Then comes the discovery phase, trial and any appeals.

Medical Records

Medical records are an essential element of any auto accident lawsuit. They can help a jury or judge comprehend how the accident had an impact on your life, including the physical, emotional and financial costs of your injuries. Medical records will also reveal the story that insurance companies will have a hard to dispute.

You may only have a certain amount of time, depending on the laws in your state and the policy of your doctor, to request medical records. You should speak with your lawyer as soon after an accident as possible. Health Information Portability and Accountability Act, or HIPAA, protects your right to access these documents. This does not mean you or your lawyer are the only ones who are able to access your medical records. Insurance companies will often try to uncover anything that could indicate that your injuries were not pre-existing or not so severe as you say.

Your lawyer will make use of your medical records to draft a demand letter, which will contain evidence to justify the damages you are seeking. Your lawyer should only give the relevant medical records to your insurance company. They might ask you to authorize them to access your complete medical record. This is not beneficial to your claim since it could reveal past injuries not related to this claim.

Police Reports

Every time a police official responds to a call for help, which could include an accident, he or she prepares a police report. Although they cannot be admitted in a court of law (they are considered to be hearsay), they provide valuable information to attorneys when they are investigating and preparing their cases.

A police report is an objective account of the incident from the witness' testimony and the officer's observations of the weather conditions, drivers, and a variety of other factors. It is an important evidence that can aid you 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 emergency number and providing an incident or receipt to identify it. The police department may also have a website on which you can request copies of the records online.

You'll need to file a lawsuit against the driver at fault after your medical expenses as well as lost wages and damages to property reach a certain value. The police report is an important tool in settlement negotiations, particularly if you can prove the other driver's negligence from the evidence provided by the officer. A lot of cases are settled without going to trial. auto accident attorneys folsom can take a while to go through the pre-trial steps and your case might not be resolved for a year or more.

Insurance Company Negotiations

When the adjuster has all the details they require from you as well as your car accident investigation, they'll make an offer to settle. They will input all the information and facts into a software program to create their initial offer. They'll most likely be able to come up with a figure which is significantly lower than the number you calculated from your research. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll want to limit the amount they'll have to pay for medical expenses and other damages. You can counter by highlighting all the ways that your injuries will negatively impact your life in the near future. For example, you can draw attention to your increasing medical bills, your diminished earning potential, and the emotional and physical pain you're going through.

You or your lawyer will then draft a demand letter and then present it to the insurance company. It will contain all the evidence you have gathered including statements from witnesses, photographs of your injuries as well as any evidence to support your losses. Additionally, you should create a list of non-negotiables to prevent the insurance company from undervaluing your claim. If an agreement is reached, it will be reflected in an agreement to settle in writing. It's not uncommon for back-and-forth to occur during these negotiations, but remaining in the moment will help you get an acceptable settlement.


Legal Advice

Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. Parties can seek medical records, police reports, and witness statements. The parties will also exchange interrogatories that are written questions that have to be answered under oath within a certain time. Your attorney will also write down the severity of physical mental, emotional, or psychological traumas you've suffered in addition to any other damages which could be sought, including future and current medical expenses, property damage, and lost wages.

Your lawyer will speak with other experts, including mechanics, medical specialists and engineers. These experts can assist the jury to get clear information about your injuries and the accident.

Your attorney will then start negotiations with insurance companies to settle your case without trial. If the insurance company does not offer a fair settlement, or does not take into account your injuries or other damages, your case is likely to go to trial.

It is important that victims file a lawsuit as soon as possible even though very few cases get to court. Memories fade, witnesses can disappear, and evidence could be lost as time passes making it more difficult to build a strong case for maximum compensation. You must also adhere to your state's statute of limitations which can vary from 1 to 6 year.