Phases of an Auto Accident Lawsuit
Medical bills, property damage and lost wages could be substantial following an auto accident. An experienced lawyer can assist you get the compensation you need.
auto accident lawyer temecula varies depending on the case, however, it generally begins with filing an action. Then comes the discovery phase trial, and any appeals.
Medical Records
Medical records are an essential element in any auto accident lawsuit. They can assist a judge or jury know the effects of the accident on your life. This includes the emotional, financial physical, and emotional costs. Medical records will also tell an insurance company a story they will have a tough to argue.
You may only have a certain amount of time, contingent on the laws in your state and the guidelines of your physician, to request medical records. It is recommended to consult with your lawyer as soon after an accident as is possible. Health Information Portability and Accountability Act (HIPAA) HIPAA guarantees your right to access these documents. But, this doesn't mean that only you or your lawyer can examine your medical records. Insurance companies are always looking for anything that might suggest your injuries may not be as severe as you think or if you have pre-existing injuries.
Your lawyer will use the medical records you provide to prepare a letter of demand that will include evidence to support the damages you want. Your lawyer should only give the relevant medical records to your insurance company. They may request you to allow them to access your complete medical record. This is not beneficial to your claim because it could reveal previous injuries that are not connected to this claim.
Police Reports
Police reports are created each time a law enforcement officer responds to an emergency for example, car accidents. While they cannot be used in a court of law (they are considered to be hearsay) they can provide valuable information to attorneys when they are investigating and preparing cases.
A police report provides an objective account of what happened during the accident, based on witnesses' statements and observations about the vehicles' damage and weather conditions, drivers, and so on. It is an important evidence piece that can assist you in winning your car accident lawsuit against the defendant.
Usually you can request a copy your police report from the precinct that was responsible for the investigation by calling their non-emergency phone number and supplying the receipt or incident number to identify the report. The police department might have a website where you can request copies of your records online.
You will need to file a lawsuit against the driver responsible after your medical expenses or lost wages property damage reach a certain value. The police report can be an essential tool in settlement negotiations, particularly if you can prove the other driver's responsibility from the evidence provided by the officer. A lot of cases are settled without going to trial. The process of preparing for trial can be lengthy and your case might not be resolved until one year after you file it.
Insurance Company Negotiations
When the adjuster has all of the information he needs from you as well as your car accident investigation, they will make an offer to settle. They will enter all the information and facts into a program that will create their initial offer. They will most likely produce a number which is significantly lower than the number you calculated based on your study. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers.
They'll want to reduce the amount they have to pay for your medical expenses and other damages. You can fight back by pointing out all the ways your injuries will impact your life in the near future. You can, for example you can highlight the mounting medical bills, your diminished earning potential, as well as the mental and physical suffering you are experiencing.
Your lawyer or attorney will then prepare a demand letter and present it to the insurer. It should include all the evidence you have gathered, including witness statements, photographs of your injuries, as well as evidence to support your losses. You should also create a list of the items you cannot negotiate, so you can prevent the insurance company from lowballing you. If an agreement is reached, it will be reflected in a written settlement agreement. Negotiations often involve back and forth affair, but remaining patient will assist you in negotiating an equitable settlement.
Legal Advice
The next stage of the car lawsuit involving an accident is discovery. During this process, the parties exchange information and evidence. Parties may request medical records and police reports, as well as witness statements. The parties may also trade interrogatories which are written inquiries which have to be answered on an oath within certain times. Your attorney will also record the severity of the physical, emotional, and psychological injuries you have suffered, in addition to any other damages that might be sought, including the amount of medical expenses you are currently and in the future, property damage, and lost wages.
Your lawyer will also speak with experts like medical specialists mechanics, engineers, and mechanics. These experts can help the jury get a clear picture of your injuries and the accident.
Your attorney will then begin negotiations with the insurance companies to resolve your case with no trial. If the insurance company is unable to offer you a fair settlement, or does not take into account your injuries and other losses, your case is likely to go to trial.
It is essential that victims file a lawsuit immediately, even though only a few cases are heard in court. The memories fade, witnesses disappear, and evidence could be lost over time and it becomes difficult to build a strong case for maximum compensation. Plus, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.