woundhip70
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
Phases of an Auto Accident Lawsuit Car crash injuries could result in significant medical bills property damage and even lost wages A knowledgeable attorney can assist you in receiving the amount of compensation you deserve The procedure is different from case to case however generally it starts with filing a complaint The discovery phase trial and any appeals follow Medical Records Medical records are an essential element of any auto accident case They will assist the judge or jury comprehend how the accident affected your life including the physical emotional and financial cost of your injuries Medical records will also reveal the story that insurance companies will have a tough time disputing You may only have a certain period of time based on the laws in your state and the policy of your doctor to obtain medical records This is the reason you should discuss your legal needs as soon as possible after an accident The law protects your access to these records with the Health Information Portability and Accountability Act HIPAA However this does not mean that only you or your attorney can view your medical records Insurance companies constantly look for evidence that could indicate your injuries may not be as serious as you claim or that you have a preexisting condition Your lawyer will use the medical information you provide to prepare a letter of demand that will include evidence in support of the damages you want Your lawyer should only provide the relevant medical records to your insurance company They may request you to allow them to access your entire medical record This is not beneficial to your claim as it could reveal previous injuries that are not connected to this claim Police Reports Every time a police officer responds to a request for assistance or an accident he or she produces a report Even though they arent admissible in court they are considered hearsay they can provide invaluable information to attorneys investigating an accident and preparing the case A police report provides an objective account of what transpired in the accident based on witness statements and observations regarding the damage to the vehicles weather conditions drivers and more Its an important evidence piece that can aid you in winning your lawsuit for car accidents against the defendant You can usually request a copy from the police precinct that handled the investigation Call their nonemergency phone number and provide the receipt or incident number as proof of identification The police department may also have a website where you can request copies of the records online You will need to file a suit against the driver at fault when your medical bills as well as lost wages and damages to property reach a certain value The police report is an essential tool in settlement negotiations particularly when you can establish the other drivers responsibility from the evidence provided by the officer Many cases are settled without going to trial Pretrial proceedings can be lengthy and your case might not be resolved until one year after you file it Insurance Company Negotiations After the adjuster has all of the information they need from you and your car accident investigation theyll make an offer for settlement To make their first offer theyll enter all the details and facts into an online program Most likely theyll arrive at a smaller number than what you estimated using your study Its important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers Theyll want to reduce the amount they have to pay for your medical bills and other damage You can counter by pointing out all the ways that your injuries will impact your life going forward You could for instance you can highlight the mounting medical bills and your lost earning potential as in the mental and physical suffering youre feeling You or your attorney will then draft a letter of demand and submit it to an insurance company This letter should include all the evidence you have gathered including witness statements and photos of your injuries Also you will create an outline of the things you will not negotiate to prevent the insurance company from undervaluing your claim When an agreement is reached it will be documented in an agreement for settlement in writing Negotiations are often a back and forth however remaining patient will aid in achieving a fair settlement Legal Advice Discovery is the next stage of the lawsuit during which the parties exchange information and evidence The parties can seek medical documents police reports or witness statements They can also send the other interrogatories written questions that must be answered under oath by end of the specified time Additionally your attorney will document the extent of your physical emotional and psychological injuries as well as the other damages you might seek compensation for in the future including current and future medical expenses property damage and lost wages Your lawyer will speak with other experts like medical specialists mechanics and engineers These experts can assist the jury get a clear picture of your injuries and the accident Your lawyer will then begin discussions with insurance companies to settle your case without a trial However if the insurance company provides you with an unsatisfactory settlement or does not take your injuries and other damages into account your case will likely progress to trial It is crucial that victims file a lawsuit as soon as possible even though very few cases are heard in court Over auto accident law firm vermont fade witnesses pass away and evidence is lost making it more difficult to establish a solid claim for maximum compensation You must also comply with the statute of limitations in your state that can range from 1 to 6 years
