Are The Advances In Technology Making Auto Accident Law Better Or Worse?
Phases of an Auto Accident Lawsuit
Property damage, medical bills and lost wages could be significant following an accident in the car. An experienced lawyer can assist you receive the compensation you need.
The process can vary from case to case but typically, it begins with the filing of a complaint. The discovery phase, trial and appeals are the next step.
Medical Records
Medical records are a vital component of any auto crash case. They will assist jurors or judges comprehend how the accident affected your life, as well as the physical, emotional and financial consequences of your injuries. Medical records will also tell an account that insurance companies will have a tough time disputing.
You might only have a limited amount of time, contingent on the laws of your state and the guidelines of your physician, to request medical records. This is why you should contact your lawyer immediately following an accident. The law safeguards your access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your attorney can access your medical records. Insurance companies constantly look for evidence that could suggest your injuries might not be as severe as you claim or have a pre-existing condition.
Your lawyer will make use of the medical records you provide to prepare a letter of demand that includes evidence to justify the damages you seek. It is imperative that your lawyer only send relevant medical documents to the insurance company as they may ask you to sign an authorization that allows them to access all of your medical records. This is not in your best interests as it could reveal past injuries that aren't connected to the current claim.
Reports of the Police
Police reports are prepared every time a law enforcement officer responds to an emergency or accident, such as car accidents. Although auto accident attorney honolulu in a court of law (they are considered to be hearsay) they can provide valuable information for attorneys who are investigating and preparing their cases.
A police report offers an impartial account of the accident from the witness testimony of the officer and his observations of the weather conditions, the drivers, and other factors. It is an important piece of evidence which can assist you in winning an auto accident lawsuit.
You can usually request a copy from the precinct that was responsible for the investigation. Contact their non-emergency number and provide an invoice or an incident number as proof of identification. The police department might have a website where you can request copies of the records online.
After your medical bills or property damage, as well as lost wages are at a certain amount, you will need to start a lawsuit against the driver at fault. The police report can be an essential tool in settlement negotiations, especially when you can prove the other driver's fault from the evidence provided by the officer. A lot of cases are settled without having to go to trial. It may take some time to work through the pre-trial process and your case may not be resolved for a long time.
Insurance Company Negotiations
Once an adjuster has all of the information they require from you, and the investigation into the accident is complete, they will offer an offer for settlement. They will then input all the facts and details into a computer program to generate their initial offer. They'll likely produce a number that's much lower than what you calculated based on your investigation. When insurance companies offer settlement offers, they have their own financial interest in mind.
They'll want to limit the amount they'll have to pay for your medical expenses and other damages. You can fight back if you point out how your injuries will negatively affect your life in future. You could, for instance highlight your growing medical bills and lost earning potential, as being aware of the physical and mental pain you're experiencing.
Your lawyer or you then prepare a demand letter and send it to the insurer. The letter should contain all of the evidence that you've gathered, including witnesses' statements and photographs of your injuries. You should also create the list of your non-negotiables to ensure you can stop the insurance company from lowballing you. Once an agreement is reached the settlement agreement written will reflect it. Negotiations often involve back and forth, however being patient can assist you in negotiating a fair settlement.
Legal Advice
The next stage of the car lawsuit involving an accident is discovery, in which both sides exchange information as well as evidence. Parties can seek medical records and police reports, and witness statements. The parties may also trade interrogatories, which are written questions which must be answered under an oath within the time limit. Your attorney will also write down the extent of the physical, emotional, and psychological injuries you have suffered, as well as any other damages that might be sought, such as current and projected medical expenses, property damage, and lost wages.
Your lawyer will also speak with experts such as medical professionals, mechanics and engineers. These experts can assist the jury to get an accurate picture of the injuries and accidents you sustained.
Your lawyer will begin negotiations with insurance companies in order to try to settle your claim without a trial. If the insurance company fails to provide you with an acceptable settlement or doesn't take into consideration your injuries and other damages your case will likely go to trial.
It is essential that victims file a lawsuit as soon as possible, even though few cases are heard in the courtroom. As time passes memories fade, witnesses die, and evidence disappears which makes it more difficult to file a convincing claim for maximum compensation. You must also adhere to your state's statute of limitations which can vary from 1 to 6 year.