7 Things About Auto Accident Law You'll Kick Yourself For Not Knowing

Phases of an Auto Accident Lawsuit

Injuries from car crashes can lead to significant medical bills, property damage and lost wages. An experienced lawyer can help to get the compensation you need.

The process is different from case to 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 part of any auto accident case. They will assist the judge or jury determine how the accident has affected your life, as well as the physical, emotional and financial cost of your injuries. Medical records will also provide the story that insurance companies will have a tough to argue.

Based on the laws of your state and the policies of your doctor depending on your state's laws and your doctor's policy, you could have a limited amount of time to request medical records from your healthcare provider. It is recommended to consult with your lawyer as soon after an accident as possible. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones to view your medical records. Insurance companies will often try to find anything that might suggest your injuries were pre-existing or not as severe as you think.

Your lawyer will use your medical records in order to prepare a demand letter which will contain evidence to justify the damages you are seeking. Your lawyer should only give the relevant medical documents 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 since it could reveal previous injuries that aren't directly related to the current claim.

Reports of the Police

Police reports are produced every time a law enforcement officer responds to an emergency or accident, such as car accidents. Although they cannot be admitted in a court of law (they are deemed to be hearsay) they can provide valuable information for attorneys who are conducting investigations and preparing cases.

A police report gives an independent account of the crash which is based on the witnesses testimony of the officer and his observations of the weather conditions, the drivers, and other aspects. It is an important piece of evidence that could aid in winning a lawsuit in a car accident.

You can usually request a copy of the records from the precinct responsible for the investigation. Call their non-emergency line and provide an invoice or an incident number as proof of identification. You can request copies of the report on the police department's website.

After your medical expenses or property damage, as well as lost wages exceed the amount of a certain amount, then you'll need to start a lawsuit against the at-fault driver. The police report can be a valuable tool during settlement negotiations, especially when you can demonstrate that the other driver was largely at blame based on the officer's observations. Many cases end up reaching a settlement without ever going to trial.  auto accident lawsuit san marcos  could take a long time to go through the pre-trial procedures 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, and the investigation into the car accident They will then extend a settlement offer. They will then input all the facts and details into a software program to generate their initial offer. They'll most likely produce a number which is significantly lower than the number you calculated based on your study. When insurance companies offer settlement offers, they've got their own financial interest in the back of their heads.

They'll want to limit the amount they'll have to pay for medical bills and other damages. You can counter by highlighting the many ways that your injuries will impact your life going forward. You could, for instance highlight your growing medical bills and the loss of earning potential, as well as the mental and physical suffering you're feeling.

You or your attorney will create an order letter and then present it to an insurance company. It will contain all the evidence you've gathered, including statements from witnesses, photographs of your injuries, as well as documentation supporting your losses. You should also create an inventory of the items you cannot negotiate, so you can stop the insurance company from lowballing you. After an agreement has been reached and the written settlement contract will reflect it. It's normal for a back and forth to occur during the negotiation process, but remaining calm will allow you to reach an equitable settlement.

Legal Advice

Discovery is the next phase of the lawsuit, in which both parties exchange information and evidence. Parties may seek medical records and police reports, and witness statements. The parties may also exchange interrogatories that are written questions that must be answered on oath within a certain time. Your attorney will also document the severity of the physical, emotional, and psychological injuries you have suffered, as well as any other damages that may be sought out, such as the amount of medical expenses you are currently and in the future as well as property damage and lost wages.

Your lawyer will also speak with experts like medical specialists mechanics, engineers and mechanics. These experts will help paint the vivid image of your crash and the extent of your injuries to the jury.

Your attorney will then begin negotiations with insurance companies to settle your case without a trial. However, if the insurance company provides you with an unsatisfactory settlement or does not take your injuries and other damages into account, your case will likely progress to trial.

While only a few cases get to trial, it is important for victims to begin a lawsuit as soon as they can. As time passes memories fade, witnesses die, and evidence disappears and makes it harder to file a convincing claim for the highest amount of compensation. Plus, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.