14 Misconceptions Common To Auto Accident Law
Phases of an Auto Accident Lawsuit
Property damage, medical bills and lost wages could be substantial following an auto accident. An experienced lawyer can assist you in obtaining the justice you deserve.
auto accident attorneys indio may differ from case to case, but usually starts with the filing of a complaint. Then comes the discovery phase and trial, as well as any appeals.
Medical Records
Medical records are an essential element of any auto accident lawsuit. They can help the jury or judge understand the impact of the injury on your life. This includes the financial, emotional physical, and emotional costs. Medical records will also provide the story that insurance companies will have a difficult to argue.
You may only have a certain period of time, based on the laws of your state and the guidelines of your physician, to obtain medical records. Consult with your lawyer as soon after an accident as possible. The law provides access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your attorney can view your medical records. Insurance companies are often keen to discover anything that may suggest that your injuries are pre-existing or not so severe as you say.
Your lawyer will use the medical information that you supply to write the letter of demand that will include evidence supporting the damages you want. Your lawyer should only supply the relevant medical records to your insurance company. They may require you to give them permission to access your complete medical record. This is not in your best interest since it could expose past injuries that aren't connected to the present claim.
Police Reports
Police reports are created each time a police officer responds to an emergency call and also car accidents. Even though they're not admissible in court (they are considered to be hearsay) they can provide valuable information to attorneys when investigating an accident and creating the case.
A police report is an objective assessment of what happened in the crash, based on witness statements and the officer's observations about the vehicle's damage and weather conditions, drivers and more. It's an important piece of evidence that can assist you in winning a lawsuit for car accidents.
Typically you can request a copy your police report from the precinct that handled the investigation by calling their non-emergency line and supplying the receipt or incident number to identify the report. You can request copies of your police report through the department's website.
After your medical bills, property damage and lost wages exceed a certain amount, you'll have to bring a lawsuit against the driver at fault. The police report is an effective tool for settlement negotiations, especially when you can prove the other driver's fault in the light of observations made by the officer. Many cases are settled without having to go to trial. Pre-trial proceedings 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 data they require from you, and the investigation into the accident, they will extend a settlement offer. They will put all the information and facts into a software program to make their initial offer. They will most likely arrive at a figure that's much lower than what you calculated based on your investigation. When insurance companies offer settlement offers, they've got their own financial interest in mind.
They'll seek to limit the amount they have to pay in medical bills and other damages. You can fight back when you explain the way your injuries will impact your life in the future. For example, you can draw attention to your increasing medical bills, your lost earnings capacity and the physical and emotional suffering you're going through.
Your lawyer or attorney will create a demand letter and present it to the insurer. It will contain all the evidence you have collected such as witness statements, photographs of your injuries, as well as evidence to support your losses. You will also create a list of non-negotiables to prevent the insurance company from undervaluing your claim. When an agreement is reached and ratified, it will be included in an agreement to settle in writing. Negotiations are often a back and forth affair, but being patient can assist you in negotiating an equitable settlement.
Legal Advice
The next phase in the car accident lawsuit is discovery, during which both parties exchange information and evidence. Parties may request medical records, police reports, and witness statements. The parties may also exchange interrogatories, which are written questions that must be answered on an oath within the time limit. Additionally your lawyer will record the extent of your physical emotional and psychological traumas in addition to the other damages you may seek compensation for that are incurred, such as future medical expenses, property damage and lost wages.
Your lawyer will also talk with experts like medical specialists as well as mechanics and engineers. These experts will help paint a a vivid picture of your crash and the extent of your injuries to the jury.
Finally, your attorney will begin negotiations with insurance companies in order to attempt to settle your claim without trial. If the insurance company offers you a low amount of money or does not take your injury and other damages into consideration your case is likely to progress to trial.
Although few cases actually get to trial, it is important for victims to start a lawsuit as quickly as possible. Memory fades, witnesses pass away, and evidence can be lost over time and it becomes difficult to build a strong argument for the most compensation. It is also important to adhere to the statute of limitations in your state, which can vary from 1 to 6 year.