Why We Our Love For Auto Accident Law (And You Should, Too!)
Phases of an Auto Accident Lawsuit
Injuries from car crashes can result in significant medical bills along with property damage and lost wages. An experienced lawyer can help you receive the compensation that you require.
The procedure varies depending on the case, however, generally it starts with filing a complaint. The discovery phase, trial, and appeals are the next step.
Medical Records
Medical records are a vital element of any auto accident case. They can assist the jury or judge comprehend the impact of the accident on your life. This includes the financial, emotional, and physical costs. Insurance companies will have a hard time to argue with the information provided by medical records.
You may only have a specific amount of time, depending on the laws of your state and the guidelines of your physician, to request medical records. You should consult your lawyer as soon following an accident as is possible. The law provides access to these records through the Health Information Portability and Accountability Act (HIPAA). This doesn't mean you or your lawyer are the only ones who are able to access your medical records. Insurance companies are always looking for evidence that could indicate your injuries may not be as severe as you claim or pre-existing.
Your lawyer will make use of the medical records you provide to draft the letter of demand that includes evidence to justify the damages you want. Your lawyer must only provide the relevant medical documents to your insurance company. They may request you to allow them to access your complete medical record. This is not in your best interests as it could reveal past injuries that aren't connected to the current claim.
Police Reports
Every time a police official responds to a request for help, including an accident, he or she produces a report. Even though they're not admissible in court (they are considered to be hearsay) they can provide important information to attorneys when investigating an accident and preparing an argument.
A police report is an impartial account of the accident which is based on the witnesses' testimony as well as the officer's observations of the weather conditions, drivers, and other aspects. It's a crucial piece of evidence that could aid you in winning your lawsuit for car accidents against the defendant.
You can usually request a copy of the records from the precinct responsible for the investigation. Contact their non-emergency number and provide an invoice or an incident number as identification. You can also request copies of records through the department's website.
You will need to file a suit against the person who caused the accident after your medical expenses or lost wages property damage reach the amount of. The police report can be an effective tool during settlement negotiations, particularly in cases where you can show that the other driver was at fault based on the officer's observations. Many cases end up reaching an agreement without ever going to trial. The process of preparing for trial can be lengthy and your case may not be resolved until a year after you file it.
Insurance Company Negotiations
When the adjuster has all of the information they need from you as well as your car accident investigation, they will make a settlement offer. auto accident attorney nebraska will put all the facts and details into a program that will make their initial offer. They'll most likely be able to come up with a figure that's much lower than what you calculated from your investigation. When insurance companies offer settlement offers, they have their own financial interests in their minds.
They will be looking to reduce the amount they have to pay in medical bills and other damages. You are able to fight back if you mention the negative effects your injuries could have on you and affect your life in future. For instance, you can mention your increasing medical bills, your diminished earning potential, as well being aware of the physical and mental suffering you're experiencing.
You or your attorney will create the letter of demand and present it to an insurer. This should include all the evidence you've gathered such as statements from witnesses, photographs of your injuries, and any documents that support your losses. You'll also make the list of your non-negotiables so you can stop the insurance company from lowballing you. Once an agreement has been reached the settlement agreement written will reflect it. It's normal for a back and forth to occur during these negotiations, but being in the moment will help you get an acceptable settlement.
Legal Advice
Discovery is the next phase of the lawsuit, in which both parties exchange information and evidence. Parties can seek medical documents, police reports or witness statements. The parties will also exchange interrogatories which are written questions which have to be answered on an oath within the time limit. Your attorney will also write down the extent of physical psychological, emotional, and physical injuries you've suffered, and any other damages which could be sought, including the current and anticipated medical expenses, property damage, and lost wages.
Your lawyer will also confer with experts, such as medical experts mechanics, engineers and mechanics. They will help paint a a vivid image of the accident and the injuries you sustained for the jury.
Then, your lawyer will begin negotiations with insurance companies to try to settle your claim with out a trial. However, if the insurance company offers you an unsatisfactory settlement or does not take your injury and other damages into account the case will proceed to trial.
While a small number of cases do get to trial, it is vital for the victims to file a lawsuit as soon as is possible. Memories fade, witnesses pass away, and evidence can be lost over time and make it difficult to build a strong case to get the maximum amount of compensation. You must also follow the statute of limitations for your state which can range between 1 and 6 years.