3 Reasons You’re Auto Accident Law Is Broken (And How To Fix It)
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auto accident attorney pittsburgh of an Auto Accident Lawsuit
Car crash injuries can result in substantial medical bills, property damage and lost wages. An experienced lawyer can assist you in obtaining the financial compensation you deserve.
The process can vary depending on the case, but generally, it begins with the filing of an action. The discovery phase, trial and appeals are the next step.
Medical Records
Medical records are an essential part of any auto accident case. They will aid the judge or jury determine how the accident has had an impact on your life, including the emotional, physical and financial consequences of your injuries. Insurance companies will have a hard time to challenge the narrative told by medical records.
In accordance with the laws of your state and your doctor’s policy depending on your state’s laws and your doctor’s policy, you could have the time to request medical records from your healthcare provider. This is the reason why you should discuss your legal needs as soon as possible following an accident. Health Information Portability and Accountability Act, or HIPAA, protects your right to access these documents. But, this doesn’t mean that only you or your lawyer can see your medical records. Insurance companies are always looking for evidence that might suggest your injuries may not be as serious as you claim or that you have a pre-existing condition.
Your lawyer will utilize your medical records to create a demand letter which will include evidence to support the damages you seek. Your lawyer should only provide the relevant medical records to your insurance company. They may ask you to grant them permission to access your complete medical record. This is not beneficial to your claim because it could reveal past injuries not related to the claim.
Police Reports
Police reports are produced each time a police officer responds to an emergency call or accident, such as car accidents. While they’re not admissible in court (they are considered to be hearsay) They can provide important information to attorneys when investigating an accident and preparing an argument.
A police report provides an objective view of what happened during the crash, based on witness statements and observations regarding the damage to the vehicle as well as weather conditions, drivers, and so on. It’s a vital piece of evidence that can help you win an auto accident lawsuit.
Typically you can request a copy your police report from the local police department that was responsible for the investigation by calling their non-emergency line and supplying a receipt or incident number to identify the report. You can request copies of your police report through the department’s website.
If your medical bills or property damage, as well as lost wages exceed the amount of a certain amount, then you’ll have to bring a lawsuit against the driver at fault. The police report can be a valuable tool in settlement negotiations, particularly when you can demonstrate that the other driver was at fault based on the officer’s observations. In many cases, however, the parties reach settlements without ever going to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until one year after filing it.
Insurance Company Negotiations
Once an adjuster has all the details they require from you and the investigation of the car accident is complete, they will offer an offer for settlement. They will then input all the facts and details into a software program to generate their initial offer. They will most likely arrive at a figure that’s much lower than what you calculated based on your research. 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 have to pay for your medical expenses and other damage. You can fight back if you highlight the negative effects your injuries could have on you and affect your life in the near future. For instance, you could highlight your growing medical bills, your decreased earnings capacity and the physical and emotional suffering you’re experiencing.
You or your lawyer will create a demand letter and present it to the insurer. The letter should include all the evidence you have gathered including witnesses’ statements and photographs of your injuries. You should also make an outline of the things you will not negotiate to keep the insurance company from undervaluing your claim. Once an agreement is reached the agreement will be recorded in an agreement to settle in writing. It’s normal for a back-andforth to take place during these negotiations, but being calm will allow you to reach an acceptable settlement.
Legal Advice
Discovery is the next stage of the lawsuit, in which the parties exchange information and evidence. The parties may seek medical records, police reports and witness statements. They can also send the other interrogatories (written questions that need to be answered under oath by the expiration of a specific time). Your attorney will also write down the severity of physical psychological, emotional, and physical injuries you’ve suffered, and any other damages that could be sought, including the amount of medical expenses you are currently and in the future along with property damage, lost wages.
Your lawyer will also talk with experts such as medical professionals as well as mechanics and engineers. These experts will aid in painting a a vivid picture of your crash and the injuries you sustained for the jury.
Your lawyer will then begin discussions with the insurance companies to settle your case without a trial. If the insurance company does not offer you a fair settlement or doesn’t take into consideration your injuries and other damages, your case will likely go to trial.
It is essential that victims file a suit as soon as they can, even though only a few cases will ever make it to court. Over time, memories fade, witnesses pass away and evidence is lost and it becomes more difficult to make a strong claim for the highest amount of compensation. You must also comply with your state’s statute of limitations which can vary between 1 and 6 years.
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