Phases of an Auto Accident Lawsuit

Car crash injuries could result in significant medical bills as well as property damage and loss of wages. An experienced lawyer can assist you in obtaining the amount you are due.

The procedure can differ from case to case but generally it starts with the filing of an action. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are an essential element in any paso robles auto accident lawyer accident lawsuit. They will assist the judge or jury to comprehend how the accident affected your life, as well as the physical, emotional and financial consequences of your injuries. Medical records can also tell an account that insurance companies will have a difficult time disputing.

You may only have a specific amount of time, contingent on the laws in your state and the policies of your doctor to request medical records. You should speak with your lawyer as soon after an accident as it is possible. Health Information Portability and Accountability Act or HIPAA guarantees your right to access these documents. However, this does not mean that you or your lawyer are the only ones to access your medical records. Insurance companies are often keen to discover anything that may suggest that your injuries were pre-existing or not so severe as you say.

Your lawyer will use the medical records you provide to prepare the letter of demand, which will include evidence to support the damages you seek. Your lawyer must only provide 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 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. Even though they aren't admissible in court (they are considered hearsay) they can provide valuable information to attorneys conducting an investigation and preparing a case.

A police report is an objective account of the accident, based on the witness' testimony as well as the officer's observations regarding the weather conditions, drivers, and other factors. It's a crucial piece of evidence that could aid you in winning your car accident lawsuit against the defendant.

You can typically request a copy from the precinct that was responsible for the investigation. Call their non-emergency line and provide the receipt or incident number for identification. The police department might also have a website where you can request copies online.

After your medical expenses, property damage and lost wages are at a certain amount, you'll have to start a lawsuit against the driver at fault. The police report can be a useful tool during settlement negotiations, especially when you can prove that the other driver was largely at fault based on the police officer's observations. In many cases, however, the parties reach an agreement without going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until one year after filing it.

Insurance Company Negotiations

When the adjuster has all the information they require from you and your automobile accident investigation, he'll make a settlement offer. They will enter all the facts and details into a computer program to generate their initial offer. They'll most likely be able to come up with a figure which is lower than what you calculated based on your research. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers.

They'll want to reduce the amount they'll have to pay for medical expenses and other damage. You are able to fight back if you explain how your injuries will affect your life in the near future. For example, you can highlight your growing medical bills, the loss of earning potential, and the emotional and physical pain you're experiencing.

Your lawyer or attorney will then prepare a demand letter and submit it to the insurer. The letter should contain all of the evidence that you've gathered such as witness statements and photos of your injuries. You'll also make a list of your non-negotiables, so you can prevent the insurance company from undercutting you. When an agreement is reached it will be documented in an agreement to settle in writing. It's common for a back-and-forth to occur during these negotiations, but staying in the moment will help you get an acceptable settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which the parties exchange information and evidence. The parties can request medical records, police reports, Vimeo and witness statements. The parties will also exchange interrogatories which are written questions which have to be answered on the oath within a specified time. Your attorney will also write down the severity of the physical, emotional, and psychological injuries you've sustained, in addition to any other damages which could be sought, such as the current and anticipated medical expenses, property damage, and lost wages.

Your lawyer will also confer with experts such as medical professionals as well as mechanics and engineers. These experts will aid in painting a an appealing image of the accident and the injuries you sustained for the jury.

Your lawyer will then begin negotiations with insurance companies in order to resolve your case with no trial. If the insurance company is willing to offer you an unsatisfactory settlement or fails to take your injuries and other damages into consideration the case will be heard at trial.

It is vital that victims file a suit as soon as they can, even if only a handful of cases make it to court. Memories fade, witnesses disappear and evidence may be lost in time and it becomes difficult to build a strong argument for the most compensation. Additionally, you must comply with the statute of limitations in your state, which could range from 1 to 6 years.