Indisputable Proof You Need Auto Accident Law

Phases of an waterloo auto accident attorney 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 receive the compensation that you need.

The process can vary depending on the case, but generally it begins with the filing of a complaint. The discovery phase, trial and appeals follow.

Medical Records

Medical records are an essential element of any north miami beach auto accident law firm accident case. They can help the judge or jury understand how the injury has affected your life, as well as the emotional, physical and financial cost of your injuries. Insurance companies will be unable to argue with the information provided by medical records.

According to the laws of your state and your doctor's policy, you may have only a short amount of time to request medical records from healthcare providers. It is recommended to consult with your lawyer as soon after an accident as is possible. The law safeguards your access to these documents through the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer can see your medical records. Insurance companies are generally keen to look for anything that could suggest that your injuries were pre-existing or not as severe as you think.

Your lawyer will utilize your medical records to prepare a demand letters, which will contain evidence to support the damages you seek. It is important that your lawyer only provide relevant medical records to the insurance company as they may ask you to sign a medical authorization that permits them to access all of your medical records. This is not in your best interests as it could reveal past injuries that aren't related to the present claim.

Police Reports

Police reports are created every time a law enforcement officer responds to an emergency or accident, such as car accidents. Although they cannot be admitted in the courts of law (they are considered to be hearsay), they provide valuable information to attorneys when they are investigating and preparing their cases.

A police report is an objective report of what happened during the crash, based upon witness testimonies and the officer's observations regarding the damage to the vehicle as well as weather conditions, drivers and more. It's an important piece of evidence that could help you win a car accident lawsuit.

Usually, you can request a copy of your police report from the precinct that was responsible for the investigation by calling their non-emergency number and supplying an invoice or incident number to identify the report. You can also request copies of records through the website of the police department.

You'll need to file a suit against the driver at fault after your medical expenses, lost wages, and damages to property reach a certain value. The police report can be a useful tool during settlement negotiations, particularly when you can prove that the other driver was at fault based on the officer's observations. Many cases are settled without going to trial. It can take a while to work through the pre-trial process and your lawsuit might not be resolved for a long time.

Insurance Company Negotiations

Once the adjuster has all the information they require from you and your automobile accident investigation, they'll make an offer for settlement. To create their initial offer, they will enter all the information and details into an online program. They will most likely come up with a number which is significantly lower than the number you calculated based on your research. When insurance companies offer settlement offers, they have their own financial interest in mind.

They'll want to limit the amount they'll have to pay for medical expenses and other damage. You can fight back by pointing out the many ways that your injuries could affect your life in the future. For instance, you can draw attention to your increasing medical bills, your diminished earnings capacity and the emotional and physical suffering you're experiencing.

You or your attorney will then prepare an order letter and submit it to an insurer. This letter should include all the evidence you have gathered including witnesses' statements and photographs of your injuries. You'll also make an outline of your non-negotiables to ensure you can deter the insurance company from under-pricing you. Once an agreement is reached it will be documented in a written settlement agreement. Negotiations are usually back and forth affair, but perseverance will ensure an equitable settlement.

Legal Advice

Discovery is the next stage of the lawsuit, during which the parties exchange information and evidence. The parties can request medical records, police reports and witness statements. They can also send each other interrogatories (written questions that must be answered under oath before the expiration of a specific time). In addition your lawyer will record the extent of your physical emotional and mental injuries as well as the other damages you could seek compensation for that are incurred, such as future medical costs, property damage, and lost wages.

Your lawyer will also confer with experts such as medical specialists as well as mechanics and engineers. These experts will help paint a the vivid picture of your crash and the injuries you sustained for the jury.

Your lawyer will begin negotiations with insurance companies in order to attempt to settle your claim without trial. However, if the insurance company offers you a low amount of money or fails to take your injuries and other damages into consideration, your case will likely progress to trial.

Although few cases actually go to trial it is important for victims to make a claim as soon as possible. As time passes, memories fade, witnesses pass away and evidence is lost and makes it harder to present a compelling case for the most compensation. You must also adhere to your state's statute of limitations which can range between 1 and 6 years.