10 Myths Your Boss Is Spreading Regarding Auto Accident Law
Phases of an Auto Accident Lawsuit
Property damage, medical bills and lost wages can be significant after a car accident. An experienced attorney can assist you in obtaining the financial amount you are due.
The process may differ from case-to-case, but typically, it begins with the filing of an accusation. Then comes the discovery phase trial, and any appeals.
Medical Records
Medical records are a vital component of any auto crash case. They will help the judge or jury know how the injury affected your life, as well as the physical, emotional and financial burdens of your injuries. Insurance companies will find it difficult to refute the story portrayed by medical records.
In accordance with the laws of your state and your doctor's guidelines, you may have the time to request medical records from your healthcare provider. You should consult your lawyer as soon after an accident as is possible. The law guarantees access to these documents through the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that you or your lawyer are the only ones who can access your medical records. Insurance companies are always looking for any sign that could suggest your injuries might not be as severe as you claim or if you have pre-existing injuries.
Your lawyer will use the medical information that you supply to write the letter of demand, which will include evidence supporting the damages you're seeking. It is essential to ensure that your lawyer provides relevant medical documents to the insurance company, because they could ask you to sign a medical authorization that permits them to access all your medical records. This is not in your best interest since it could reveal previous injuries that aren't connected to the current claim.
Reports of the Police
When a police officer responds to a request for assistance, or an accident, he or she creates a police report. While they cannot be used in the courts of law (they are considered to be hearsay), they provide valuable information for attorneys who are researching and preparing cases.
A police report is an objective report of what happened during the accident, based on witness statements and observations regarding the damage to the vehicle as well as weather conditions, drivers and more. It is an important evidence that can assist you in winning a lawsuit for car accidents.
Usually, you can request a copy of your police report from the precinct which handled the investigation by calling their non-emergency phone number and providing an invoice or incident number to identify it. You can request copies of the report through the department's website.
If auto accident attorneys san bernardino as property damage and lost wages reach an amount that is a certain amount, you will need to start a lawsuit against the driver at fault. The police report is a valuable tool in settlement negotiations, particularly in cases where you can prove other driver's responsibility in the light of observations made by the officer. Many cases are settled without going to trial. It may take some time to complete the steps before trial and your case could not be resolved for a year or more.
Insurance Company Negotiations
Once an adjuster has all of the information they require from you as well as the investigation of the car accident, they will extend a settlement offer. They will input all the information and facts into a program that will make their initial offer. Most likely, they will arrive at a smaller amount than you anticipated from your study. When insurance companies make settlement offers, they have their own financial interests in the back of their heads.
They'll want to reduce the amount they'll need to pay for your medical bills and other damage. You can fight back if explain how your injuries will impact your life in the coming years. For instance, you can point to your mounting medical bills, your diminished earning potential, and the emotional and physical pain that you're currently experiencing.
Your lawyer or you will then prepare a demand letter and submit it to the insurance company. This should include all the evidence you have gathered such as statements from witnesses, photographs of your injuries as well as any documents supporting your losses. Also, you'll make a list of your non-negotiables so you can keep the insurance company from undercutting you. Once you have reached an agreement, it will be reflected in a written settlement agreement. It's not uncommon for back-and-forth to occur during these negotiations, but remaining patient will help you reach an equitable settlement.
Legal Advice
Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. Parties may request medical records, police reports as well as witness statements. The parties may also trade interrogatories which are written questions which must be answered under the oath within a specified time. Additionally, your attorney will document the extent of your physical, emotional and psychological injuries and the additional damages you could seek to compensate for, including existing and projected future medical expenses, property damage and lost wages.
Your lawyer will consult with other experts, like mechanics, medical experts and engineers. These experts can help the jury get a clear picture of your accident and injuries.
Finally, your attorney will begin discussions with insurance companies to try to resolve your claim without trial. If the insurance company offers a low amount of money or does not take your injury and other damages into account the case could progress to trial.
Although a small percentage of cases go to trial it is vital for the victims to begin a lawsuit as soon as is possible. With time memories fade, witnesses die and evidence is lost which makes it more difficult to file a convincing claim for maximum compensation. Furthermore, you have to comply with the statute of limitations in your state, which could be anywhere from one to six years.