Phases of an Auto Accident Lawsuit
Damage to property, medical bills, and lost wages can be substantial after an accident. An experienced attorney can help to get the compensation you need.
The process varies from case-to-case, however, it generally begins with filing an action. This is followed by the discovery phase, trial and any appeals.
Medical Records
Medical records are an important element of any auto accident lawsuit. They will aid a jury or judge understand how the injury has had an impact on your life, including the physical, emotional and financial burdens of your injuries. Medical records will also tell the story that insurance companies will have a difficult to argue.
auto accident law firm ventura might only have a particular amount of time, contingent on the laws in your state and the guidelines of your physician, to request medical records. This is why you should discuss your legal needs immediately after an accident. The law safeguards your access to these records with the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your attorney can view your medical records. Insurance companies will often try to discover anything that may indicate that your injuries were not pre-existing or not as severe as you think.
Your lawyer will use the medical records you provide to draft a letter of demand that includes evidence to justify the damages you want. It is important that your lawyer only provides relevant medical documents to the insurance company because they could ask you to sign an authorization that permits them to access all of your medical records. This is not beneficial to your claim as it may reveal injuries from the past that are not related to the claim.
Police Reports
When a police officer responds to a call for help, which could include an accident, he or she produces a report. Even though they aren't admissible in court (they are deemed to be hearsay), they do provide important information to attorneys when investigating an accident and preparing an argument.
A police report provides an objective assessment of what happened during the accident, based on witness statements and observations about the vehicles' damage, weather conditions, drivers, and so on. It's an important document that can aid you in winning your lawsuit for car accidents against the defendant.
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 the receipt or incident number to identify it. The police department may have a website where you can request copies online.
If your medical bills or property damage, as well as lost wages reach the amount of a certain amount, then you'll have to file a lawsuit against the at-fault driver. The police report can be a useful tool during settlement negotiations, particularly in cases where you can show that the other driver was largely at fault based on the police officer's observations. However, many cases reach a settlement without ever going to trial. The pre-trial process can be long and your case might not be resolved until a year after filing it.
Insurance Company Negotiations
Once an adjuster has all the information they require from you as well as the investigation into the accident is complete, they will offer a settlement offer. To generate their first offer, they will enter all the information and details into an application on computers. They'll probably arrive at a figure that is much lower than the one you calculated from your study. When insurance companies offer settlement offers, they have their own financial interest in their minds.
They'll want to limit the amount they have to pay for your medical expenses and other damages. You can counter by pointing out all the ways that your injuries will negatively impact your life in the coming years. For instance, you could point to your mounting medical bills, the loss of earnings capacity and the emotional and physical suffering you're experiencing.
You or your lawyer will create a demand letter and present it to the insurer. This should include all the evidence you've gathered such as witness statements, photos of your injuries and any evidence to support your losses. Also, you will create an outline of the things you will not negotiate to ensure that the insurance company is not undervaluing your claim. If an agreement is reached it will be documented in a written settlement agreement. It's common for a back-and-forth to occur during these negotiations, but staying calm will allow you to reach a fair settlement.
Legal Advice
The next step in a car accident lawsuit is discovery. During this process, the parties exchange information and evidence. The parties can seek medical records, police reports, and witness statements. They can also send each other interrogatories (written questions that must be answered under oath by the expiration of a specific time). In addition, your attorney will document the extent of your physical emotional and psychological traumas and any other damages you may be seeking to recover, including existing and projected future medical costs, property damage, and lost wages.
Your lawyer will also talk with experts such as medical specialists as well as mechanics and engineers. They will help paint a the vivid picture of your crash and the extent of your injuries to the jury.
Your lawyer will begin negotiations with insurance companies to try to settle your claim with out a trial. However, if the insurance company provides you with a low amount of money or fails to take your injuries and other damages into consideration the case will go to trial.
It is essential that victims file a lawsuit as soon as possible, even if only a handful of cases are heard in court. Memories fade, witnesses can disappear and evidence may be lost as time passes making it more difficult to present a convincing argument for the most compensation. It is also important to adhere to your state's statute of limitations which can vary between 1 and 6 years.