Why We Our Love For Auto Accident Law (And You Should Also!)
Phases of an Auto Accident Lawsuit
Damage to property, medical bills and lost wages may be significant following an accident. An experienced attorney can help to get the compensation you need.
The process is different from case to case, however, it generally begins with filing a complaint. The discovery phase, trial, and appeals are the next step.
Medical Records
Medical records are an essential part of any auto accident lawsuit. They can help the judge or jury comprehend how the accident had an impact on your life, including the physical, emotional and financial burdens of your injuries. Insurance companies will find it difficult to argue with the information provided by medical records.
You may only have a certain amount of time, based on the laws of your state and the policy of your doctor to obtain medical records. This is why it is important to consult with a lawyer as soon as you can after an accident. Health Information Portability and Accountability Act or HIPAA, protects your right to access these medical records. However, this does not mean that only you or your attorney can examine your medical records. Insurance companies are generally keen to uncover anything that could suggest that your injuries are pre-existing or not as severe as you claim.
Your lawyer will make use of your medical records to create a demand letter which will include evidence to support the damages you are seeking. It is imperative that your lawyer only provide relevant medical documents to the insurance company, since they might ask you to sign a medical authorization that permits them to access all of your medical records. This is not in your best interests as it could reveal past injuries that are not related to the present claim.
Police Reports
Police reports are generated each time a police officer responds to an emergency call for example, car accidents. Although they're not admissible in court (they are considered hearsay) They can provide valuable information to attorneys investigating an accident and creating cases.
A police report is an objective view of what transpired in the accident, based on witness statements and observations regarding the damage to the vehicles as well as weather conditions, drivers and more. It's an important piece of evidence which can aid you in winning a lawsuit in a car accident.
Usually you can request a copy of your police report from the precinct which was responsible for the investigation by calling their emergency number and providing an incident or receipt to identify it. The police department may also have a website on which you can request copies of the records online.
After your medical bills as well as property damage and lost wages exceed an amount that is a certain amount, you'll need to file a lawsuit against the driver who is at fault. The police report can be a valuable tool in settlement negotiations, particularly when you can prove the other driver's negligence from the evidence provided by the officer. Many cases are settled without going 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 need from you and the investigation into the accident, they will extend a settlement offer. To make their first offer, they'll input all the information and details into an online program. Most likely, they'll make a smaller amount than you anticipated in your research. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.
They will want to limit how much they will have to pay for medical bills and other damages. You can fight back if you mention the negative effects your injuries could have on you and affect your life in the near future. For example, you can draw attention to your increasing medical bills, your diminished earning potential, and the emotional and physical suffering you're suffering.
You or your lawyer will then prepare a demand letter and then present it to the insurance company. This will include all the evidence you have collected such as witness statements, photographs of your injuries, and any evidence to support your losses. Also, you'll make a list of your non-negotiables so you can deter the insurance company from lowballing you. Once an agreement is reached, it will be reflected in an agreement for settlement in writing. It's not uncommon for back-and-forth to take place during these negotiations, but staying patient will help you reach a fair settlement.
Legal Advice
The next phase in the car lawsuit involving an accident is discovery, where both sides exchange information and evidence. Parties can require medical records or police reports and witness statements. They may also send each other interrogatories (written questions that must be completed under oath at the end of a specified time). Additionally the attorney will also document the extent of your physical emotional and psychological traumas and the additional damages you could seek compensation for in the future, including current and future medical costs, property damage, and lost wages.
Your lawyer will also confer with experts such as medical specialists, mechanics and engineers. They will help paint a an appealing image of the accident and the extent of your injuries to the jury.
Then, your lawyer will begin discussions with insurance companies to attempt to settle your claim with out a trial. If the insurance company is unable to provide you with an equitable settlement or does not take into account your injuries or other damages, your case will likely be heard in court.
Although few cases actually get to trial, it is crucial for victims to file a lawsuit as soon as they can. As time passes memories fade, witnesses pass away and evidence is lost and it becomes more difficult to file a convincing claim for maximum compensation. Additionally, auto accident attorneys des moines must comply with the statute of limitations in your state, which can range from 1 to 6 years.
