Why We Love Auto Accident Law (And You Should Also!)

Phases of an germantown auto accident lawsuit Accident Lawsuit

Medical bills, property damage and lost wages could be significant after an accident in the car. An experienced lawyer can assist to get the compensation you need.

The process may differ depending on the case, but generally it begins with the filing of an accusation. The discovery phase, trial, and appeals are the next step.

Medical Records

Medical records are an important element of any claremont auto accident law firm accident lawsuit. They will aid the judge or jury to determine how the accident has had an impact on your life, including the emotional, physical and financial costs of your injuries. Medical records can also tell a story that insurance companies will have a difficult time disputing.

You may only have a certain period of time, based on the laws of your state and the guidelines of your physician, to request medical records. You should speak with your lawyer as soon after an accident as you can. The law provides access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that only you or your lawyer are able to access your medical records. Insurance companies are generally keen to uncover anything that could suggest that your injuries are 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 seek. 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 the best option for your claim, as it could reveal past injuries not related to this claim.

Reports of Police

Every time a police official responds to a call for help, which could include an accident, he or she produces a report. Although they're not admissible in court (they are deemed to be hearsay), they do provide valuable information to attorneys when conducting an investigation and preparing the case.

A police report gives an independent account of the crash, based on the witness testimony of the officer and his observations of the weather conditions, the drivers, and other elements. It is a significant document that can aid you in winning your car accident lawsuit against the defendant.

Usually you can request a copy your police report from the precinct that was responsible for the investigation by calling their non-emergency phone number and supplying a receipt or incident number to identify the report. You can also request copies of records on the police department's website.

After your medical expenses, property damage and lost wages reach a certain amount, you'll have to start a lawsuit against the driver at fault. The police report can prove to be a helpful tool in settlement negotiations, particularly in cases where you can show that the other driver was at blame based on the officer's observations. In many cases, however, the parties reach an agreement without going to trial. Pre-trial proceedings can take a long time and your case may not be resolved until a year after you file it.

Insurance Company Negotiations

Once an adjuster has all the data they need from you and the investigation of the car accident is complete, they will offer an offer of settlement. To make their first offer, they'll enter all the information and details into the computer program. They will most likely be able to come up with a figure which is lower than what you calculated based on your study. When insurance companies offer settlement offers, they've got their own financial interests in the back of their heads.

They will be looking to reduce the amount they pay in medical bills and other damages. You can fight back if you highlight how your injuries will negatively impact your life in the coming years. You could, for instance highlight your growing medical bills, your diminished earnings potential, as well as the physical and mental pain you're experiencing.

Your lawyer or you will then prepare a demand letter and present it to the insurance company. This letter should include all of the evidence that you've gathered such as witness statements and photos of your injuries. You should also create a list of your non-negotiables, so you can keep the insurance company from negotiating with you. After an agreement has been reached the settlement agreement written will reflect it. Negotiations are usually back and forth, but perseverance will ensure an equitable settlement.

Legal Advice

The next phase in the car lawsuit involving an accident is discovery, during which the parties exchange information and evidence. Parties may seek medical records and police reports as well as witness statements. The parties may also exchange interrogatories that are written questions which have to be answered on an oath within the time limit. Your attorney will also document the extent of the physical mental, emotional, or psychological traumas you've suffered and any other damages that could be sought, such as the amount of medical expenses you are currently and in the future, property damage, and lost wages.

Your lawyer will speak with other experts, like mechanics, medical experts and engineers. These experts can help the jury to get a clear picture of your injuries and accident.

Your lawyer will then start discussions with insurance companies in order to settle your case without a trial. If the insurance company provides you with an unsatisfactory settlement or does not take your injury and other damages into account, your case will likely go to trial.

It is important that victims file a lawsuit immediately, even if only a handful of cases make it to court. Memories fade, witnesses disappear and evidence may be lost in time and it becomes difficult to establish a compelling argument for the most compensation. It is also important to adhere to your state's statute of limitations which can range from 1 to 6 years.