Why We Are In Love With Auto Accident Law (And You Should Also!)
Phases of an Auto Accident Lawsuit
Damage to property, medical bills, and lost wages can be significant after an accident. An experienced lawyer can help you receive the compensation you require.
The procedure can differ from case to case, but typically, it begins with the filing of an action. The discovery phase, trial, and appeals are the next step.
Medical Records
Medical records are a vital part of any auto accident case. They can assist jurors or judges to understand the impact of the accident on your life. This includes the financial, emotional, and physical costs. Medical records will also provide an insurance company a story they will have a hard to argue.
In accordance with the laws of your state and your doctor's policy, you may have a limited amount of time to request medical records from healthcare providers. This is the reason you should consult with a lawyer as soon as you can following an accident. auto accident attorneys denver and Accountability Act, or HIPAA guarantees your right to access these documents. However, this does not mean that only you or your lawyer will be able to access your medical records. Insurance companies are often keen to uncover anything that could suggest that your injuries were pre-existing or not as severe as you claim.
Your lawyer will use the medical records you provide to draft the letter of demand, which will include evidence in support of the damages you want. Your lawyer should only supply the relevant medical documents to your insurance company. They may ask you to authorize them to access your complete medical record. This is not in your best interest because it could reveal prior injuries that are not related to the present claim.
Police Reports
Every time a police officer responds to a request for help, which could include an accident, he makes a police report. Although they are not admissible in a court of law (they are deemed to be hearsay) They are a valuable source of information to attorneys when they are researching and preparing cases.
A police report is an objective assessment of what happened during the crash, based upon witness statements and the officer's observations about the vehicle's damage, weather conditions, drivers, and so on. It's an important piece of evidence which can assist you in winning an auto accident lawsuit.
You can typically request a copy of the records from the precinct responsible for the investigation. Contact their non-emergency number and provide a receipt or an incident number for identification. The police department might also have a website where you can request copies of the records online.
You'll need to file a lawsuit against the driver at fault after your medical expenses as well as lost wages and property damage reach a certain value. The police report can be a valuable tool during settlement negotiations, especially in cases where you can show that the other driver was largely at fault based on the officer's observations. A lot of cases are settled without having to go to trial. The process of preparing for trial can be lengthy and your case may not be resolved until one year after you file it.
Insurance Company Negotiations
Once an adjuster has all the information they require from you as well as the investigation of the car accident, they will extend an offer of settlement. They will input all the information and facts into a software program to create their initial offer. They'll most likely produce a number which is lower than what you calculated from your research. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.
They will seek to limit the amount they pay in medical bills and other damages. You can fight back by highlighting the ways in which your injuries could affect your life going forward. For example, you can refer to your rising medical bills, the loss of earning potential, and the emotional and physical suffering you're suffering.
Your attorney or you will prepare an official demand letter and submit it to an insurer. This will include all the evidence you've collected and include witness statements, photographs of your injuries, and any documentation supporting your losses. You'll also prepare an outline of the items you cannot negotiate, so you can deter the insurance company from under-pricing you. Once an agreement is reached, the written settlement agreement will reflect it. Negotiations are usually back and forth affair, but being patient can assist you in negotiating an equitable settlement.
Legal Advice
The next stage of the car lawsuit involving an accident is discovery, in which both sides exchange information as well as evidence. Parties can seek medical records, police reports and witness statements. The parties may also exchange interrogatories, which are written questions that must be answered on the oath within a specified time. Additionally your attorney will provide documentation of the extent of your physical, emotional and psychological injuries and any other damages you might be seeking to recover such as current and anticipated future medical costs, property damage, and lost wages.
Your lawyer will also confer with experts such as medical professionals mechanics, engineers, and mechanics. These experts can assist the jury get an accurate picture of your accident and injuries.
Your lawyer will begin negotiations with insurance companies in order to try to resolve your claim without trial. If the insurance company does not provide you with an acceptable settlement or doesn't take into consideration your injuries and other damages your case is likely to go to trial.
While a small number of cases do go to trial, it is crucial for victims to begin a lawsuit as soon as is possible. Memories fade, witnesses disappear and evidence may be lost in time and make it difficult to establish a compelling case for the maximum amount of compensation. It is also important to adhere to your state's statute of limitations, which can vary from 1 to 6 years.