Phases of an Auto Accident Lawsuit
Damage to property, medical bills and lost wages could be significant after an accident. An experienced lawyer can assist you in obtaining the amount of compensation you deserve.
The procedure is different from case to case, however, it generally begins with filing an action. The discovery phase, trial, and any appeals follow.
Medical Records
Medical records are an essential element in any auto accident case. They will help a jury or judge know how the injury impacted your life, including the emotional, physical and financial burdens of your injuries. Insurance companies will have a hard time to dispute the story told by medical records.
You may only have a certain amount of time, based on the laws in your state and the policies of your doctor to obtain medical records. It is recommended to consult with your lawyer as soon following an accident as it is possible. The law guarantees access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that you or your lawyer are the only ones who can look over your medical records. Insurance companies are always looking for any sign that might suggest your injuries might not be as severe as you claim or that you have a pre-existing condition.
Your lawyer will use the medical information that you supply to write a letter of demand that includes evidence to justify the damages you want. Your lawyer must only provide the relevant medical documents to your insurance company. They may ask you to authorize them to access your entire medical record. This is not in your best interests as it could reveal past injuries that are not related to the current claim.
Reports of Police
Every time a police official responds to a call for assistance, or an accident, he or she makes a police report. While they're not admissible in court (they are considered to be hearsay) They can provide valuable information to attorneys conducting an investigation and preparing an argument.
A police report provides an objective account of the incident, based on the witness testimony of the officer and his observations regarding the weather conditions, the drivers, and a variety of other factors. It's an important piece of evidence that could aid you in winning your car accident lawsuit against the defendant.
Usually you can request a copy of your police report from the local police department that was responsible for the investigation by calling their non-emergency phone number and supplying an invoice or incident number to identify the report. The police department might have a website where you can request copies of the records online.
After your medical bills and property damage as well as lost wages are at an amount you can afford, you will need to make a claim against the at-fault driver. The police report is an effective tool for settlement negotiations, especially in cases where you can prove other driver's responsibility from the evidence provided by the officer. Many cases end up reaching a settlement without ever going to trial. It can take a while to complete the pre-trial procedures and your case might not be resolved for a long time.
Insurance Company Negotiations
After the adjuster has all of the details they require from you and your automobile accident investigation, they'll make an offer to settle. To make their first offer, they'll enter all the details and facts into the computer program. They'll probably arrive at a figure which is significantly lower than the number you calculated from your research. When auto accident attorney west virginia offer settlement offers, they've got their own financial interests in mind.
They'll be looking to reduce the amount they will have to pay for medical bills and other damages. You can fight back by highlighting the many ways that your injuries will impact your life in the future. For instance, you could refer to your rising medical bills, your decreased earning capacity, and the emotional and physical suffering you're experiencing.
Your attorney or you then prepare a letter of demand and submit it to an insurance company. This will include all the evidence you have collected such as witness statements, photos of your injuries as well as any documents that support your losses. You'll also prepare the list of your non-negotiables so you can deter the insurance company from under-pricing you. Once an agreement has been reached and the written settlement contract will reflect it. Negotiations are usually back and forth, but remaining patient will assist you in negotiating an equitable settlement.
Legal Advice
Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. Parties can request medical records, police reports, and witness statements. The parties can also exchange interrogatories that are written questions that must be answered on the oath within a specified time. Your attorney will also record the extent of physical psychological, emotional, and physical injuries you've sustained, and any other damages that may be sought out, such as future and current medical expenses as well as property damage and lost wages.
Your lawyer will confer with other experts like mechanics, medical professionals, and engineers. These experts can assist the jury get an accurate picture of your injuries and the accident.
Your attorney will then begin discussions with the insurance companies to settle your case without trial. If the insurance company does not provide you with a fair settlement or does not take into account your injuries and other losses, your case is likely to be heard in court.
It is important that victims file a suit as soon as they can, even though few cases are heard in court. Memory fades, witnesses die and evidence can disappear over time making it more difficult to build a strong case for maximum compensation. Plus, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.