Phases of an Auto Accident Lawsuit
Injuries from car crashes can result in substantial medical bills along with property damage and lost wages. An experienced lawyer can help you in obtaining the compensation you deserve.
The process varies from case-to-case, however, it generally begins with filing an action. The discovery phase, trial, and appeals follow.
Medical Records
Medical records are an essential component of any auto crash case. They will assist jurors or judges understand the impact of the injury on your life. This includes the financial, emotional, and physical costs. Insurance companies will have a hard time to argue with the information provided by medical records.
You may only have a certain amount of time, contingent on the laws of your state and the policy of your doctor, to request medical records. You should consult your lawyer as soon after an accident as you can. The law provides access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones able to examine your medical records. Insurance companies are always looking for evidence that suggests your injuries may not be as serious as you claim or have a pre-existing condition.
Your lawyer will use the medical records you provide to prepare an order letter that will include evidence to support the damages you seek. auto accident lawyer portland should only supply the relevant medical documents to your insurance company. They might require you to give them permission to access your entire medical record. This is not the best option for your claim as it may expose past injuries that are not relevant to this claim.
Reports of Police
Police reports are created every time a law enforcement officer responds to an emergency call for example, car accidents. Although they are not admissible in a court of law (they are considered to be hearsay) they are valuable information for attorneys when researching and preparing cases.
A police report provides an objective account of the accident, based on the witness testimony of the officer and his observations regarding the weather conditions, drivers, and other factors. It is an important piece of evidence that can help you win your lawsuit for car accidents against the defendant.
You can usually request a copy from the precinct that was responsible for the investigation. Contact their non-emergency number and provide an invoice or an incident number for identification. You can also request copies of police reports through the police department's website.
When your medical bills or property damage, as well as lost wages reach an amount that is a certain amount, you will need to file a lawsuit against the driver who is at fault. The police report can be an important 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. Pre-trial proceedings can take a long time and your case may not be resolved until a year after filing it.
Insurance Company Negotiations
Once the adjuster has all of the information they require from you and your vehicle accident investigation, he'll make an offer of settlement. To make their first offer, they'll input all the information and details into an online program. They'll likely come up with a number that is much lower than the one you calculated from your investigation. It's important to remember 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 bills and other damages. You can fight back when you mention the way your injuries will affect your life in the near future. You could, for instance highlight your growing medical bills and the loss of earning potential, as well as the physical and mental pain you're experiencing.
Your lawyer or attorney will then prepare a demand letter and then present it to the insurance company. This letter should include all the evidence you've gathered, including witnesses' statements and photographs of your injuries. You'll also prepare an inventory of your non-negotiables, so you can deter the insurance company from negotiating with you. If an agreement is reached it will be documented in the form of a written settlement agreement. Negotiations are usually back and forth, however remaining patient will aid in achieving a fair settlement.
Legal Advice
Discovery is the next stage of the lawsuit, in which both parties exchange information and evidence. Parties can request medical records, police reports, as well as witness statements. The parties may also trade interrogatories that are written questions which have to be answered on the oath within a specified time. In addition your lawyer will record the extent of your physical, emotional and psychological injuries as well as the other damages that you could be seeking to recover that are incurred, such as future medical expenses, property damage and lost wages.
Your lawyer will also confer with experts such as medical specialists mechanics, engineers, and mechanics. 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 the insurance companies to settle your case without trial. If the insurance company fails to provide you with an equitable settlement or doesn't take into consideration your injuries and other damages your case is likely to go to trial.
Although few cases actually get to trial, it is important for victims to start a lawsuit as quickly as they can. With time, memories fade, witnesses die and evidence is lost which makes it more difficult to file a convincing claim for maximum compensation. Additionally, you must comply with the statute of limitations in your state, which can be anywhere from one to six years.