5 Things Everyone Gets Wrong On The Subject Of Auto Accident Law
Phases of an Auto Accident Lawsuit
Damage to property, medical bills and lost wages could be substantial after a car accident. auto accident attorney indiana can assist you in obtaining the amount of compensation you deserve.
The process varies from case-to-case, but generally, it begins with filing a complaint. The discovery phase, trial and any appeals follow.
Medical Records
Medical records are an essential element of any auto accident case. They will help a jury or judge know how the injury affected your life, including the emotional, physical and financial consequences of your injuries. Insurance companies will have a hard time to argue with the information provided by medical records.
Based on the laws of your state and your doctor's policy 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. You should speak with your lawyer as soon after an accident as possible. The law safeguards your access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer can view your medical records. Insurance companies are usually keen to find anything that might suggest that your injuries were pre-existing or not as severe as you claim.
Your lawyer will utilize your medical records to create a demand letter which will include evidence to justify the damages you seek. It is imperative that your lawyer only provide relevant medical records to the insurance company as they may ask you to sign an authorization that permits them to access all of your medical records. This is not in your best interests since it could expose past injuries that aren't directly related to the current claim.
Reports of Police
Every time a police official responds to a call for help, such as an accident, he or she produces a report. Although they are not admissible in the courts of law (they are deemed to be hearsay) they are valuable information for attorneys who are conducting investigations and preparing cases.
A police report is an objective account of what happened in the accident, based on witness testimonies and the officer's observations about the vehicles' damage the weather, the drivers, and so on. It's an important piece of evidence that could assist you in winning a lawsuit for car accidents.
Typically you can request a copy your police report from the precinct which was responsible for the investigation by calling their emergency number and supplying an invoice or incident number to identify it. The police department might have a website on which you can request copies of records online.
You'll need to file a lawsuit against the driver who was at fault once your medical bills along with lost wages and property damage exceed a certain value. The police report is a valuable tool in settlement negotiations, especially when you can establish the other driver's negligence through the observations of the officer. However, many cases reach a settlement without ever going to trial. It can take time to complete the pre-trial steps and your case might not be resolved for a year or more.
Insurance Company Negotiations
Once the adjuster has all the information he needs from you as well as your car accident investigation, they will make an offer to settle. To create their initial offer, they will enter all the information and details into a computer program. Most likely, they'll produce a significantly lower number than you calculated in your study. 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'll need pay for your medical bills and other damages. You can counter by highlighting all the ways your injuries will impact your life in the near future. For instance, you could highlight your growing medical bills, the loss of earning capacity, and the emotional and physical suffering that you're currently experiencing.
Your attorney or you will prepare an official demand letter and submit it to an insurance company. The letter should include all the evidence you have gathered including witness statements and photos of your injuries. You should also make an inventory of non-negotiables in order to ensure that the insurance company is not undervaluing your claim. When an agreement is reached the agreement will be recorded in a written settlement agreement. Negotiations are often a back and forth affair, but remaining patient will aid in achieving an equitable settlement.
Legal Advice
Discovery is the next stage of the lawsuit in which the parties exchange information and evidence. Parties may request medical records and police reports, as well as witness statements. The parties may also exchange interrogatories which are written inquiries that must be answered on oath within a certain time. Additionally, your attorney will document the extent of your physical, emotional and psychological injuries and any other damages you might be seeking to recover that are incurred, such as future medical expenses, property damage and lost wages.
Your lawyer will also talk with experts such as medical specialists mechanics, engineers, and mechanics. These experts can help the jury get an accurate picture of your accident and injuries.
Then, your lawyer will begin discussions with insurance companies to try to resolve your claim without trial. If the insurance company is unable to offer an acceptable settlement or does not consider your injuries or other damages, your case is likely to be heard in court.
It is essential that victims file a lawsuit immediately even though very few cases will ever make it to the courtroom. The memories fade, witnesses disappear, and evidence could be lost over time and make it difficult to make a strong argument for the most compensation. Plus, you must comply with the statute of limitations in your state, which could range from 1 to 6 years.