What Freud Can Teach Us About Auto Accident Law

Phases of an Auto Accident Lawsuit

Medical bills, property damage and lost wages could be substantial following an accident. An experienced lawyer can help you receive the compensation you need.

The process varies depending on the case, but generally starts by filing a complaint. Then follows the discovery phase along with any appeals.

Medical Records

Medical records are an essential part of any auto accident law firm accident lawsuit. They will assist a jury or judge determine how the accident has affected your life, as well as the physical, emotional and financial costs of your injuries. Medical records will also reveal a story that insurance companies will have a tough time disputing.

You might only have a particular amount of time, depending on the laws in your state and the policy of your doctor, to obtain medical records. This is the reason you should speak with your lawyer whenever you can after an accident. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these medical records. This doesn't mean you or your lawyer are the only ones able to look over your medical records. Insurance companies are often keen to discover anything that may suggest that your injuries are pre-existing or not as severe as you claim.

Your lawyer will use the medical records you provide to create a letter of demand that will include evidence in support of the damages you are seeking. Your lawyer should only give the relevant medical documents to your insurance company. They might ask you to grant them permission to access your entire medical record. This is not in your best interest as it could reveal past injuries that are not related to the present claim.

Police Reports

When a police officer responds to a request for assistance, or an accident, he or she prepares a police report. While they cannot be used in the courts of law (they are deemed to be hearsay), they provide valuable information to attorneys in the process of conducting investigations and preparing cases.

A police report offers an objective account of the accident which is based on the witnesses' testimony as well as the officer's observations regarding the weather conditions, the drivers, and other factors. It is an important piece of evidence that could assist you in winning an auto accidents accident lawsuit.

You can usually request a copy from the precinct responsible for the investigation. Call their non-emergency line and provide a receipt or an incident number for identification. You can also request copies of police reports through the department's website.

After your medical expenses and property damage as well as lost wages reach an amount you can afford, you'll need to start a lawsuit against the driver at fault. The police report is an essential tool in settlement negotiations, especially if you can prove the other driver's guilt in the light of observations made by the officer. In many cases, however, the parties reach an agreement without ever going to trial. It can take time to work through the steps before trial and your case may not be resolved for a long time.

Insurance Company Negotiations

Once the adjuster has all the information he needs from you and your car accident investigation, they will make an offer of settlement. In order to create their first offer, they'll enter all the information and details into a computer program. Most likely, they will come up with a much less than the amount you calculated using your study. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers.

They'll wish to limit the amount they pay in medical bills and other damages. You can counter by pointing out the many ways that your injuries will impact your life going forward. You can, for example you can highlight the mounting medical bills, your diminished earning potential, as well in the mental and physical suffering you're experiencing.

Your lawyer or you prepare a demand form and send it to the insurer. This will include all the evidence you've collected, including witness statements, photographs of your injuries as well as any documents supporting your losses. You'll also prepare a list of your non-negotiables, so you can prevent the insurance company from undercutting you. Once you have reached an agreement it will be documented in the form of a written settlement agreement. Negotiations often involve back and forth affair, but being patient can assist you in negotiating an equitable settlement.

Legal Advice

The next stage of the car accident lawsuit is discovery, where both parties exchange information and evidence. Parties may require medical records or police reports and witness statements. The parties may also trade interrogatories which are written inquiries that have to be answered under an oath within certain times. In addition the attorney will also document the extent of your physical emotional and Auto Accident lawsuit psychological injuries in addition to the other damages you might seek compensation for that are incurred, such as future medical expenses, property damage and lost wages.

Your lawyer will confer with other experts like mechanics, medical professionals, and engineers. These experts can assist the jury to get an accurate picture of your injuries and accident.

Your lawyer will then start discussions with insurance companies to resolve your case without trial. However, if the insurance company offers a low amount of money or fails to take your injuries and other damages into consideration the case will be heard at trial.

Although a small percentage of cases go to trial it is important for victims to make a claim as soon as is possible. With time memories fade, witnesses pass away and evidence is lost, making it more difficult to establish a solid claim for the most compensation. You must also follow your state's statute of limitations which can vary from 1 to 6 year.