crayonarcher69
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
auto accident attorney naperville of an Auto Accident Lawsuit Medical bills property damage and lost wages can be significant after an accident in the car An experienced lawyer can help you in obtaining the compensation you deserve The process may differ from case to case but usually starts with the filing of a complaint The discovery phase trial and appeals are the next step Medical Records Medical records are an essential element of any auto accident lawsuit They can assist the jury or judge know the effects of the injury on your life This includes the emotional financial physical and emotional costs Insurance companies will be unable to challenge the narrative told by medical records You might only have a limited period of time based on the laws in your state and the policy of your doctor to request medical records You should consult your lawyer as soon after an accident as possible The law safeguards your access to these documents through the Health Information Portability and Accountability Act HIPAA But this doesnt mean that only you or your attorney can access your medical records Insurance companies are always looking for evidence that could indicate your injuries might not be the severity you claim or if you have preexisting injuries Your lawyer will use your medical records to prepare a demand letter which will include evidence to support the damages you seek Your lawyer should only provide the relevant medical records to your insurance company They might ask you to authorize them to access your complete medical record This is not in your best interests as it could reveal past injuries that are not related to the present claim Police Reports Police reports are generated every time a law enforcement officer responds to an emergency call including car accidents Even though theyre not admissible in court they are considered hearsay however they provide valuable information to attorneys when investigating an incident and preparing an argument A police report provides an objective view of what transpired in the accident based on witnesses statements and observations regarding the damage to the vehicle as well as weather conditions drivers and more Its a crucial document 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 handled the investigation by calling their nonemergency line and providing an invoice or incident number to identify the report You can request copies of the report through the police departments website Youll have to file a lawsuit against the person who caused the accident after your medical expenses along with lost wages and property damage have reached an amount The police report can be a useful tool during settlement negotiations particularly in cases where you can show that the other driver was at blame based on the officers observations However many cases reach an agreement without ever going to trial It may take some time to go through the pretrial steps and your case may not be resolved for a long time Insurance Company Negotiations Once an adjuster has all the information they need from you and the investigation of the car accident they will extend an offer of settlement To create their initial offer theyll enter all the details and facts into a computer program They will most likely be able to come up with a figure thats much lower than what you calculated based on your research Its important to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers Theyll want to reduce the amount theyll have to pay for medical expenses and other damage You are able to fight back if you mention how your injuries will affect your life in the near future For instance you can point out your mounting medical bills and lost earnings potential as well in the mental and physical pain youre experiencing Your lawyer or you will create a demand letter and submit it to the insurer This should include all the evidence you have collected including witness statements photographs of your injuries and any documents that support your losses Also you will create an inventory of nonnegotiables in order to keep the insurance company from undervaluing your claim When an agreement has been reached the settlement agreement written will reflect it Its normal for a back and forth to occur during these negotiations but staying patient will help you achieve a fair settlement Legal Advice The next phase in the car accident lawsuit is discovery where both sides exchange information as well as evidence Parties can require medical records or police reports and witness statements The parties will also exchange interrogatories which are written questions which must be answered under oath within a certain time Additionally your attorney will provide documentation of the extent of your physical emotional and psychological traumas and any other damages that you could be seeking to recover that are incurred such as future medical costs property damage and lost wages Your lawyer will also confer with experts like medical specialists mechanics engineers and mechanics These experts can assist the jury get clear information about your accident and injuries Your lawyer will begin negotiations with insurance companies to attempt to settle your claim without a trial However if the insurance company offers you a low amount of money or does not take your injury and other damages into account your case is likely to progress to trial It is important that victims file a lawsuit promptly even though few cases will ever make it to the courtroom Over time memories fade witnesses pass away and evidence disappears which makes it more difficult to present a compelling case for the highest amount of compensation It is also important to adhere to the statute of limitations in your state which can vary from 1 to 6 year
