Phases of an Auto Accident Lawsuit
Injuries from car crashes can result in substantial medical bills, property damage and lost wages. A knowledgeable attorney can help to get the compensation you need.
The process may differ depending on the case, but typically, it starts with the filing of the complaint. Then follows the discovery phase along with any appeals.
Medical Records
Medical records are an essential element in any auto accident case. They can help the judge or jury determine how the accident has affected your life, including the physical, emotional and financial consequences of your injuries. Insurance companies will find it difficult to challenge the narrative told by medical records.
You may only have a specific amount of time, contingent on the laws in your state and the guidelines of your physician, to obtain medical records. This is the reason you should contact your lawyer immediately following an accident. Health Information Portability and Accountability Act or HIPAA, protects your right to access these documents. This doesn't mean you or your lawyer are the only ones able to examine your medical records. Insurance companies are always looking for anything that could indicate your injuries might not be as serious as you claim or pre-existing.
Your lawyer will utilize your medical records to create a demand letter which will contain evidence to justify the damages you are seeking. Your lawyer should only give the relevant medical documents to your insurance company. They may require you to give them permission to access your entire medical record. This is not beneficial to your claim as it may reveal previous injuries that are not connected to this claim.
Reports of Police
Police reports are generated each time a law enforcement officer responds to an emergency call or accident, such as car accidents. Even though they aren't admissible in court (they are considered to be hearsay) however, they provide valuable information to attorneys investigating an incident and preparing the case.
auto accident lawyer nampa is an impartial account of the accident, based on the witness testimony of the officer and his observations regarding the weather conditions, the drivers, and other aspects. It's a crucial piece of evidence that can assist you in winning your lawsuit for car accidents against the defendant.
Typically, you can request a copy of your police report from the local police department that was responsible for the investigation by calling their emergency number and providing the receipt or incident number to identify it. You can request copies of the report through the website of the police department.
You'll need to file a suit against the person who caused the accident after your medical expenses, lost wages, and damages to property reach a certain value. The police report can be a valuable tool in settlement negotiations, especially in cases where you can prove other driver's fault based on observations made by the officer. Many cases are settled without going to trial. It could take a long time to complete the pre-trial procedures and your case may not be resolved for a year or more.
Insurance Company Negotiations
After the adjuster has all of the information he needs from you and your car accident investigation, he will make an offer of settlement. To make their first offer, they will enter all the information and details into a computer program. Most likely, they'll make a lower number than you calculated from your study. When insurance companies offer settlement offers, they have their own financial interests in their minds.
They'll want to reduce the amount they have to pay for your medical bills and other damages. You are able to fight back if you point out how your injuries will negatively affect your life in future. For instance, you could refer to your rising medical bills, the loss of earning capacity and the emotional and physical pain you're experiencing.
You or your lawyer will then draft a demand letter and send it to the insurance company. The letter should contain all of the evidence that you've collected, including witness statements and photos of your injuries. You will also create a list of the non-negotiables that will keep the insurance company from undervaluing your claim. Once an agreement is reached it will be documented in a written settlement agreement. Negotiations are usually back and forth process, but staying patient will aid in achieving a fair settlement.
Legal Advice
Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. The parties can request medical documents, police reports or witness statements. The parties can also exchange interrogatories that are written questions that have to be answered under an oath within certain times. Your attorney will also record the extent of physical mental, emotional, or psychological injuries you've sustained, as well as any other damages that may be sought out, such as the current and anticipated medical expenses along with property damage, lost wages.
Your lawyer will also confer with experts, such as medical experts as well as mechanics and engineers. These experts can assist the jury to get a clear picture of the injuries and accidents you sustained.
Then, your lawyer will begin negotiations with insurance companies to attempt to resolve your claim without trial. If the insurance company does not offer you an acceptable settlement or does not consider your injuries and other damages your case will likely be heard in court.
While only a few cases go to trial it is crucial for victims to make a claim as soon as is possible. Memories fade, witnesses disappear, and evidence could be lost as time passes making it more difficult to establish a compelling argument for the most compensation. You must also comply with the statute of limitations in your state that can range between 1 and 6 years.