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Phases of an Auto Accident Lawsuit Car crash injuries can result in significant medical bills property damage and lost wages An experienced lawyer can assist you receive the compensation you need The procedure can differ from case to case but generally it starts with the filing of an action This is followed by the discovery phase trial and any appeals Medical Records Medical records are a vital element of any auto accident case They will assist jurors or judges to understand the impact of the accident on your life This includes the emotional financial and physical costs Insurance companies will be unable to refute the story portrayed by medical records Based on auto accident lawyer santa monica of your state and your doctors guidelines In some states youll have limited time to request medical documents from healthcare providers You should speak with your lawyer as soon after an accident as is possible Health Information Portability and Accountability Act or HIPAA protects your right to access these medical records However this doesnt mean that only you or your lawyer are able to see your medical records Insurance companies are often keen to find anything that might suggest your injuries were preexisting or not as severe as you claim Your lawyer will use the medical information that you supply to write the letter of demand that includes evidence to justify the damages you are seeking It is important that your lawyer only provides relevant medical documents to the insurance company as they may ask you to sign a medical authorization that permits them to access all your medical records This is not in your best interests as it could reveal past injuries that arent connected to the current claim Reports of the Police Police reports are produced every time a law enforcement officer responds to an emergency call or accident such as car accidents While theyre not admissible in court they are considered to be hearsay they do provide valuable information to attorneys when investigating an accident and preparing a case A police report provides an objective account of the accident that is based on the witness testimony of the officer and his observations of the weather conditions drivers and a variety of other factors Its a vital piece of evidence that can assist you in winning an auto accident lawsuit You can typically request a copy of the records from the police precinct that handled the investigation Call their nonemergency line and provide a receipt or an incident number to prove your identity The police department may have a website on which you can request copies of your records online After your medical expenses and property damage as well as lost wages exceed an amount that is a certain amount youll have to bring a lawsuit against the driver who is at fault The police report is an essential tool in settlement negotiations especially in cases where you can prove other drivers fault in the light of observations made by the officer However many cases reach a settlement without ever going to trial Pretrial proceedings can be lengthy and your case may not be resolved until one year after you file it Insurance Company Negotiations Once an adjuster has all the information they require from you as well as the investigation into the car accident is complete they will offer a settlement offer They will then input all the facts and details into a computer program in order to make their initial offer They will most likely arrive at a figure which is significantly lower than the number you calculated from your research Its important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers Theyll wish to limit the amount they are required to pay for medical bills and other damages You can fight back if explain the negative effects your injuries could have on you and impact your life in the future For instance you could highlight your growing medical bills the loss of earning potential and the emotional and physical suffering youre going through Your attorney or you will then draft an official demand letter and submit it to an insurer This will include all the evidence you have collected including witness statements photos of your injuries as well as evidence to support your losses You will also create a list of the nonnegotiables that will keep the insurance company from undervaluing your claim Once an agreement is reached the written settlement agreement will reflect it Its not uncommon for backandforth to occur during the negotiation process but remaining patient will help you achieve an equitable settlement Legal Advice The next stage of the car lawsuit involving an accident is discovery During this process both sides exchange information as well as evidence Parties can require medical records or police reports and witness statements The parties will also exchange interrogatories which are written questions which must be answered under the oath within a specified time Your attorney will also write down the extent of the physical mental emotional or psychological injuries youve suffered in addition to any other damages that might be sought out such as the current and anticipated medical expenses as well as property damage and lost wages Your lawyer will consult with other experts including mechanics medical specialists and engineers These experts will help paint an accurate image of your crash and the extent of your injuries to the jury Finally your attorney will begin negotiations with insurance companies in order to attempt to settle your claim without trial If the insurance company offers a low amount of money or does not take your injury and other damages into account the case will go to trial While a small number of cases do make it to trial it is vital for the victims to make a claim as soon as is possible As time passes memories fade witnesses die and evidence disappears and makes it harder to establish a solid claim for the most compensation Additionally you must comply with the statute of limitations in your state which could range from 1 to 6 years
