Usually if you are
injured in a car crash, law enforcement will make a record of the accident in
the form of a police report. However, police reports are considered
inadmissible in a trial but they can be used by seasoned legal representatives
as an indispensible negotiating tool during settlement meetings with the
insurer.
How to use the police report in your personal injury
settlement claim outside the court
Basking Ridge, NJ
accident lawyers suggest that before settlement negotiations can begin in
earnest it is prudent to obtain the police report from the concerned
department. Most often accidents are attended to by officers from the Highway
Patrol or County Sheriff’s Department. You can obtain the report by simply
calling the correct department. Every state has their own highway patrol. But
in New Jersey they are referred to the New Jersey State Police (NJSP).
Remember even though
police reports are considered as hearsay in courts they are vital when you are
negotiating a settlement claim. Before making a pitch for compensation, you
must gather all the vital information including medical records, income loss
reports, bills, police reports, and physical evidence from the accident site,
and attach copies with the demand letter. Now your demand letter has some meat
to it.
The demand letter will
provide all the facts of the case in a concise fashion including how the
accident happened, the nature of injuries, treatments you received, expenses
you incurred, and the amount of compensation you expect for
the accident claim. Remember all the
cash the South Africans had in Lethal Weapon II at the end in the trailer that
eventually spilled into LA Harbor? Do not expect to receive that much money.
That could be pushing it.
But if you press the
right buttons, do your homework, submit a concrete demand letter, you should be
in suitable hands.
The police report is
important because it contains salient information pertaining to the settlement.
It will have the date on which the accident happened, the weather conditions,
names of witness, and other information. New Jersey accident attorneys say that
since police reports have contact details of the witnesses, you can call them
up to attend a deposition or ask them to testify in the event the case goes to
trial.
This process is not
that straightforward. It may seem to be but it is not. This demand letter is
not something you want to try to submit yourself. You may think you have if
figured out but you do not. Would a lawyer try to do your job? Could a lawyer
do your job without any training? Click right here Accident.USAttorneys.com. Legal help is
right around the virtual corner.
Distracted driving is causing lots of accidents in the contemporary world. |
Why are police reports inadmissible in trial?
Police reports are
considered inadmissible because they are chiefly unsworn statements made by a
person outside the courtroom and without direct knowledge of the incident. Moreover,
the report described the actions and statements of another person.
For example, if George
says that Mary told him that Frank tripped and fell then it is hearsay. This is
exactly what police reports are. The officers in a majority of cases have not witnessed
the crash. Basking Ridge, NJ accident lawyers point out that police usually
write the report based on version of events relayed by another individual.
However, if a police officer administering a sobriety test or is just driving
by when the accident occurred then you can say they have witnessed the accident
then their testimony is not hearsay.
Another reason is that
cross examination of police reports are not permitted under the law. Any
evidence that is presented in court must be subjected to questioning.
If you have been injured in an auto accident and are
suffering physical discomfort and financial stress caused by a negligent driver then waste no time in
engaging a New Jersey accident lawyer. You have right to be adequately
compensated for your financial losses and pain and suffering. This is not Cuba,
human life and the rule of law matter in this country.
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