Phases of an Auto Accident Lawsuit
Injuries from car crashes can lead to significant medical bills, property damage, and even lost wages. An experienced lawyer can help you receive the compensation you need.
The procedure is different from case to case but generally starts by filing an action. The discovery phase, trial and any appeals follow.
Medical Records
Medical records are an essential component of any auto crash case. They can help the judge or jury determine how the accident has affected your life, as well as the emotional, physical and financial burdens of your injuries. Medical records will also tell an account that insurance companies will have a difficult to dispute.
Based on the laws of your state and the policy of your doctor depending on your state's laws and your doctor's policy, you could have the time to request medical documents from healthcare providers. This is the reason why you should contact your lawyer whenever you can after an accident. The law guarantees access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer can access your medical records. Insurance companies are always looking for evidence that suggests your injuries may not be as severe as you think or that you have a pre-existing condition.
Your lawyer will utilize the medical records you provide to draft the letter of demand that will include evidence to support the damages you want. It is important that your lawyer only provides relevant medical records to the insurance company as they may request you to sign an authorization that allows them to access all your medical records. This is not in the best interest of your claim since it could reveal past injuries not related to the claim.
Reports of Police
Every time a police officer responds to a call for help, including an accident, he creates a police report. While they cannot be used in a court of law (they are deemed to be hearsay) they can provide valuable information to attorneys in the process of researching and preparing cases.
A police report is an objective account of what happened during the accident, based on witnesses' statements and observations regarding the damage to the vehicles as well as weather conditions, drivers and more. It's a crucial document that can assist you in winning your car accident lawsuit against the defendant.
You can typically request a copy from the police precinct that handled the investigation. Call their non-emergency phone number and provide an invoice or an incident number to prove your identity. The police department might also have a website where you can request copies of your records online.
You will need to file a suit against the driver at fault once your medical bills along with lost wages and property damage exceed an amount. The police report can be a valuable tool in settlement negotiations, especially if you can prove the other driver's fault in the light of observations made by the officer. However, many cases reach settlements without ever going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until one year after filing it.
Insurance Company Negotiations
Once the adjuster has all the information he needs from you and your automobile accident investigation, they'll make an offer of settlement. In order to create their first offer, they'll input all the details and facts into an application on computers. They'll most likely arrive at a figure that's much lower than what you calculated from your research. It's important to remember that insurance companies have their own financial interests in mind when making settlement offers.
They'll want to limit the amount they have to pay for your medical expenses and other damages. You can fight back if you explain how your injuries will affect your life in future. You could, for instance mention your increasing medical bills and your lost earnings potential, as well as the physical and mental suffering you're feeling.
You or your attorney will prepare an official demand letter and submit it to an insurer. This should include all the evidence you've gathered including statements from witnesses, photographs of your injuries and any documents supporting your losses. Additionally, you should create a list of non-negotiables to ensure that the insurance company is not undervaluing your claim. After auto accident lawsuit oklahoma city has been reached, the written settlement agreement will reflect it. Negotiations often involve back and forth, however being patient can assist you in negotiating a fair settlement.
Legal Advice
The next step in a car accident lawsuit is discovery, in which both parties exchange information and evidence. Parties may request medical records and police reports as well as witness statements. They can also send each other interrogatories (written questions that need to be answered under oath by the end of the specified time). Your lawyer will also record the severity of the physical, emotional, and psychological traumas you've suffered in addition to any other damages that may be sought, including future and current medical expenses as well as property damage and lost wages.
Your lawyer will consult with other experts like mechanics, medical specialists and engineers. These experts can help the jury get a clear picture of the injuries and accidents you sustained.
Your lawyer will then start negotiations with insurance companies to settle your case without a trial. If the insurance company fails to offer an acceptable settlement or does not take into account your injuries or other damages, your case is likely to go to trial.
While only a few cases go to trial, it is essential for victims to file a lawsuit as soon as is possible. With time, memories fade, witnesses die, and evidence disappears, making it more difficult to make a strong claim for maximum compensation. In addition, you must abide with the statute of limitations in your state, which could be anywhere from one to six years.