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Phases of an Auto Accident Lawsuit Property damage, medical bills and lost wages may be substantial after an accident in the car. An experienced lawyer can help you get the compensation you need. The process may differ depending on the case, but generally, it starts with the filing of the complaint. The discovery phase, trial and appeals follow. Medical Records Medical records are an essential part of any auto accident case. They will help a judge or jury understand the impact of the accident on your life. This includes the emotional, financial physical and emotional costs. Insurance companies will have a hard time to argue with the information provided by medical records. Depending on your state's laws and the policies of your doctor In some states, you'll have only a short amount of time to request medical records from your healthcare provider. It is recommended to consult with your lawyer as soon following an accident as you can. The law provides access to these documents through the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer will be able to access your medical records. Insurance companies are always looking for evidence that could suggest your injuries might not be as severe as you think or that you have a pre-existing condition. Your lawyer will use the medical records that you supply to write the letter of demand that will include evidence in support of the damages you are seeking. Your lawyer should only give the relevant medical records to your insurance company. They might ask you to authorize them to access your entire medical record. This is not in your best interests as it could reveal past injuries that aren't connected to the present claim. auto accident lawsuit sunrise of the Police Police reports are created each time a law enforcement officer responds to an emergency and also car accidents. Although they are not admissible in the courts of law (they are considered to be hearsay), they provide valuable information to attorneys in the process of researching and preparing cases. A police report offers an impartial account of the accident that is based on the witness testimony of the officer and his observations of the weather conditions, drivers, and other factors. It is an important piece of evidence that can aid you in winning a car accident lawsuit. Typically, you can request a copy your police report from the precinct which handled the investigation by calling their emergency number and providing an incident or receipt to identify the report. You can also request copies of records on the police department's website. After your medical bills and property damage as well as lost wages exceed an amount that is a certain amount, you will need to file a lawsuit against the driver who is at fault. The police report can prove to be a helpful tool during settlement negotiations, especially if you can prove that the other driver was largely at fault, based on an officer's observations. Many cases end up reaching a settlement without ever going to trial. It can take a while to complete the steps before trial and your lawsuit might not be resolved for a long time. Insurance Company Negotiations Once an adjuster has all the details they require from you and the investigation into the accident They will then extend a settlement offer. To create their initial offer, they'll enter all the information and details into a computer program. Most likely, they'll make a smaller number than what you estimated in your investigation. When insurance companies offer settlement offers, they have their own financial interest in mind. They'll be looking to reduce the amount they will have to pay for medical bills and other damages. You can fight back if you highlight the way your injuries will impact your life in the future. You could, for instance, point out your mounting medical bills, your diminished earning potential, as being aware of the physical and mental pain you're experiencing. Your attorney or you then prepare the letter of demand and then present it to an insurer. This should include all the evidence you've collected and include witness statements, photos of your injuries, and any documentation supporting your losses. Also, you'll make the list of your non-negotiables, so you can prevent the insurance company from negotiating with you. Once an agreement has been reached and the written settlement contract will reflect it. It's normal for a back-andforth to occur during these negotiations, but remaining calm will allow you to reach a fair settlement. Legal Advice Discovery is the next phase of the lawsuit in which the parties exchange information and evidence. Parties can seek medical records and police reports, and witness statements. They will also provide another interrogatories (written questions that must be answered under oath by end of a specified time). Additionally your attorney will provide documentation of the extent of your physical, emotional and psychological injuries and the additional damages that you could 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 experts and engineers. They will help paint a an appealing picture of the crash and the extent of your injuries to the jury. Your lawyer will begin negotiations with insurance companies in order to attempt to settle your claim with out a trial. If the insurance company is unable to offer a fair settlement, or does not take into account your injuries and other damages your case is likely to go to trial. While only a few cases go to trial, it is vital for the victims to make a claim as soon as they can. Memories fade, witnesses can pass away, and evidence can be lost over time and make it difficult to present a convincing case for maximum compensation. In addition, you must abide with the statute of limitations in your state, which could vary from 1 to 6 years.