Phases of an Auto Accident Lawsuit
Damage to property, medical bills and lost wages may be substantial following a car accident. An experienced lawyer can assist you in receiving the amount you are due.
The procedure can differ from case to case, but typically, it begins with the filing of a complaint. auto accident lawsuit kansas city , trial and appeals follow.
Medical Records
Medical records are an essential element of any auto accident lawsuit. They will aid a jury or judge determine how the accident has affected your life, including the physical, emotional and financial costs of your injuries. Insurance companies will be unable to argue with the information provided by medical records.
In accordance with the laws of your state and the policies of your doctor In some states, you'll have limited time to request medical documents from healthcare providers. It is recommended to consult with your lawyer as soon following an accident as it is possible. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these records. This doesn't mean you or your lawyer are the only ones to look over your medical records. Insurance companies are often keen to look for anything that could indicate that your injuries were not pre-existing or not so severe as you say.
Your lawyer will use the medical information you provide to prepare a letter of demand that includes evidence to justify the damages you're seeking. It is imperative that your lawyer only provides relevant medical documents to the insurance company as they may request you to sign an authorization that permits them to access all your medical records. This is not in your best interest since it could reveal previous injuries that aren't related to the current claim.
Police Reports
Police reports are created each time a law enforcement officer responds to an emergency and also car accidents. Although they aren't admissible in a court of law (they are deemed to be hearsay) they can provide valuable information to attorneys in the process of conducting investigations and preparing cases.
A police report provides an objective account of what transpired in the accident, based on witnesses' statements and observations about the vehicle's damage and weather conditions, drivers, and so on. It's an important evidence piece that can aid you in winning your lawsuit for car accidents against the defendant.
You can typically request a copy from the precinct who handled the investigation. Call their emergency line and provide the receipt or incident number as proof of identification. The police department might have a website where you can request copies of your records online.
When your medical bills, property damage and lost wages are at an amount that is a certain amount, you will need to start a lawsuit against the at-fault driver. The police report is an essential tool in settlement negotiations, particularly when you can establish the other driver's guilt in the light of observations made by the officer. A lot of cases are settled without going to trial. It may take some time to work through the pre-trial procedures and your case may not be resolved for a long time.
Insurance Company Negotiations
When the adjuster has all of the information they need from you and your vehicle accident investigation, they'll make an offer to settle. They will input all the facts and details into a computer program in order to create their initial offer. They will most likely arrive at a figure which is significantly lower than the number you calculated based on your study. When insurance companies make settlement offers, they've got their own financial interests in their minds.
They'll want to limit the amount they'll have to pay for medical expenses and other damages. You can fight back by highlighting all the ways that your injuries will affect your life going forward. For example, you can draw attention to your increasing medical bills, your decreased earnings capacity and the emotional and physical pain you're experiencing.
Your lawyer or you create a demand letter and present it to the insurer. This should include all the evidence you've gathered, including statements from witnesses, photographs of your injuries, and any documents supporting your losses. You will also create an inventory of non-negotiables in order to prevent the insurance company from undervaluing your claim. When an agreement is reached, it will be reflected in the form of a written settlement agreement. Negotiations can be a back and forth, but remaining patient will assist you in negotiating a fair settlement.
Legal Advice
Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. Parties can seek medical documents, police reports or witness statements. They will also provide any additional interrogatories (written questions that need to be answered under oath by deadline). In addition your lawyer will record the extent of your physical emotional and mental injuries and the additional damages you could seek compensation for in the future, including current and future medical expenses, property damage and lost wages.
Your lawyer will also confer with experts like medical specialists as well as mechanics and engineers. These experts can assist the jury get an accurate picture of your injuries and accident.
Your lawyer will then begin negotiations with insurance companies to resolve your case with no trial. If the insurance company is willing to offer you a low amount of money or does not take your injuries and other damages into consideration your case is likely to proceed to trial.
It is important that victims file a lawsuit immediately, even though few cases get to court. Memories fade, witnesses can pass away, and evidence can be lost over time making it more difficult to establish a compelling case to get the maximum amount of compensation. Additionally, you must comply with the statute of limitations in your state, which can be anywhere from one to six years.