How To Save Money On Auto Accident Law
Phases of an Auto Accident Lawsuit
Damage to property, medical bills, and lost wages can be substantial following an accident. An experienced lawyer can assist you in receiving the amount you are due.
The process is different depending on the case, but generally starts by filing an action. The discovery phase, trial and appeals are the next step.
Medical Records
Medical records are a vital element of any auto accident case. They can help jurors or judges comprehend the impact of the injury on your life. This includes the emotional, financial, and physical costs. Medical records will also provide the story that insurance companies will have a tough to dispute.
You might only have a particular period of time, based on the laws in your state and the guidelines of your physician, to obtain medical records. This is the reason you should speak with your lawyer as soon as possible following an accident. The law provides access to these records with the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer will be able to view your medical records. Insurance companies are always looking for evidence that suggests your injuries might not be as severe as you think or if you have pre-existing injuries.
Your lawyer will make use of the medical records that you supply to write the letter of demand that will include evidence in support of the damages you want. It is essential that your lawyer only provide relevant medical records to the insurance company since they might ask you to sign an authorization that allows them to access all your medical records. This is not beneficial to your claim since it could reveal past injuries not related to the claim.
Police Reports
Police reports are created each time a law enforcement officer responds to an emergency call for example, car accidents. Even though they aren't admissible in court (they are deemed to be hearsay) they can provide invaluable information to attorneys investigating an accident and preparing an argument.
A police report offers an objective account of the incident, based on the witness' testimony as well as the officer's observations of the weather conditions, drivers, and other factors. It's a vital piece of evidence which can assist you in winning a car accident lawsuit.
Usually you can request a copy your police report from the local police department that handled the investigation by calling their non-emergency number and providing the receipt or incident number to identify it. You can also request copies of police reports through the department's website.
You'll need to file a lawsuit against the driver who was at fault when your medical bills, lost wages, and property damage exceed an amount. The police report can be an effective tool in settlement negotiations, especially when you can demonstrate that the other driver was at blame based on the officer's observations. However, many cases reach settlements without ever going to trial. It can take a while to work through the steps before trial and your case could not be resolved for a year or more.
Insurance Company Negotiations
Once the adjuster has all of the details they require from you and your car accident investigation, they'll make a settlement offer. In order to create their first offer, they'll input all the information and details into the computer program. They will most likely come up with a number that's much lower than what you calculated based on your investigation. It's important to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers.
They'll want to reduce the amount they'll need to pay for medical expenses and other damages. You can counter by pointing out all the ways that your injuries could affect your life going forward. For instance, you could highlight your growing medical bills and your lost earnings potential, as well being aware of the physical and mental suffering you're feeling.
Your lawyer or you then prepare a demand letter and submit it to the insurance company. The letter should include all of the evidence that you've gathered such as witness statements and photos of your injuries. Also, you'll make a list of the items you cannot negotiate, 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. It's not uncommon for back-and-forth to take place during these negotiations, but remaining patient will help you achieve an equitable settlement.
Legal Advice
The next step in a car lawsuit involving an accident is discovery, in which both sides exchange information as well as evidence. Parties can require medical records or police reports, as well as witness statements. The parties will also exchange interrogatories, which are written questions which must be answered under an oath within certain times. Your lawyer will also record the extent of the physical psychological, emotional, and physical injuries you've suffered, in addition to any other damages which could be sought, like current and projected medical expenses as well as property damage and lost wages.
Your lawyer will also confer with experts, such as medical experts, mechanics and engineers. These experts will help paint the vivid image of the accident and the extent of your injuries to the jury.
Your lawyer will begin negotiations with insurance companies in order to try to settle your claim without a trial. If the insurance company is unable to offer you an acceptable settlement or doesn't take into consideration your injuries and other damages your case will likely be heard in court.
While a small number of cases do get to trial, it is crucial for victims to begin a lawsuit as soon as is possible. Over time memories fade, witnesses pass away and evidence is lost and makes it harder to establish a solid claim to receive the maximum amount of compensation. Additionally, auto accident lawsuit illinois must comply with the statute of limitations in your state, which could be anywhere from one to six years.