Phases of an Auto Accident Lawsuit
Medical bills, property damage, and lost wages can be significant following an auto accident. A knowledgeable attorney can help you receive the compensation you need.
The procedure is different depending on the case, but generally, it begins with filing a complaint. This is followed by the discovery phase along with any appeals.
Medical Records
Medical records are an important element in any auto accident lawsuit. They will assist jurors or judges understand the impact of the injury on your life. This includes the emotional, financial, and physical costs. Medical records can also tell an account that insurance companies will have a hard to dispute.
You might only have a limited amount of time, depending on the laws of your state and the guidelines of your physician, to request medical records. This is why you should speak with your lawyer immediately after an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA ensures that you have the right to access these records. However, this doesn't mean that you or your lawyer are the only ones who are able to examine your medical records. auto accident attorneys vancouver will often try to uncover anything that could suggest your injuries were pre-existing or not as severe as you claim.
Your lawyer will use your medical records in order to prepare a demand letters, that will include evidence to support the damages you are seeking. Your lawyer should only give the relevant medical records to your insurance company. They may require you to give them permission to access your complete medical record. This is not in your best interests as it could reveal past injuries that are not related to the present claim.
Reports of Police
Police reports are generated each time a police officer responds to an emergency call or accident, such as car accidents. Even though they aren't admissible in court (they are considered hearsay) they can provide valuable information to attorneys when investigating an accident and creating an argument.
A police report offers an impartial account of the accident from the witness testimony of the officer and his observations regarding the weather conditions, the drivers, and other elements. It's an important piece of evidence which can help you win an auto accident lawsuit.
Typically you can request a copy your police report from the local police department that was responsible for the investigation by calling their non-emergency phone number and providing an incident or receipt to identify it. You can request copies of your police report through the department's website.
After your medical bills and property damage as well as lost wages exceed an amount you can afford, you'll have to start a lawsuit against the at-fault driver. The police report is an important tool in settlement negotiations, particularly when you can establish the other driver's negligence from the evidence provided by the officer. A lot of cases are settled without having to go to trial. The pre-trial process can be long and your case may not be resolved until one year after you file it.
Insurance Company Negotiations
Once an adjuster has all the details they require from you, and the investigation into the car accident is complete, they will offer an offer for settlement. In order to create their first offer, they'll enter all the details and facts into a computer program. Most likely, they'll come up with a much smaller amount than you anticipated in your investigation. When insurance companies make settlement offers, they've got their own financial interests in mind.
They will want to limit how much they are required to pay for medical bills and other damages. You are able to fight back if you highlight how your injuries will negatively impact your life in the coming years. For instance, you can mention your increasing medical bills and your lost earnings potential, as well as the physical and mental suffering you're feeling.
You or your attorney will then prepare an official demand letter and present it to an insurer. The letter should contain all of the evidence that you've gathered such as witness statements and photos of your injuries. Also, you'll make the list of your non-negotiables to ensure you can prevent the insurance company from lowballing you. Once an agreement is reached and the written settlement contract will reflect it. It's normal for a back-andforth to take place during the negotiation process, but remaining patient will help you achieve an equitable settlement.
Legal Advice
Discovery is the next phase of the lawsuit, during which the parties exchange information and evidence. Parties may request medical records and police reports as well as witness statements. They will also send another interrogatories (written questions to be answered under oath by end of the specified time). Your lawyer will also record the extent of the physical, emotional, and psychological injuries you've sustained, in addition to any other damages that could be sought, including current and projected medical expenses or property damage, as well as lost wages.
Your lawyer will confer with other experts, like mechanics, medical experts, and engineers. These experts can help the jury get clear information about your accident and injuries.
Finally, your attorney will begin negotiations with insurance companies in order to try to settle your claim without trial. If the insurance company is unable to provide you with a fair settlement, or does not consider your injuries and other damages your case will likely go to trial.
It is important that victims file a lawsuit promptly, even if only a handful of cases are heard in the courtroom. The memories fade, witnesses disappear and evidence may be lost in time and it becomes difficult to present a convincing case for maximum compensation. It is also important to adhere to the statute of limitations for your state that can range from 1 to 6 year.