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Phases of an Auto Accident Lawsuit Car accident injuries can result in substantial medical bills property damage and lost wages An experienced attorney can assist you in receiving the compensation you deserve The process may differ depending on the case but generally it begins with the filing of an action This is followed by the discovery phase trial and any appeals Medical Records Medical records are an important element in any auto accident lawsuit They will assist the judge or jury comprehend how the accident had an impact on your life including the physical emotional and financial costs of your injuries Medical records will also provide an insurance company a story they will have a tough to argue You may only have a specific amount of time based on the laws in your state and the policy of your doctor to request medical records This is the reason you should consult with a lawyer immediately following an accident The law provides access to these records by implementing the Health Information Portability and Accountability Act HIPAA But this doesnt mean that only you or your lawyer will be able to see your medical records auto accident attorney south gate are usually keen to find anything that might indicate that your injuries were not preexisting or not so severe as you say Your lawyer will use the medical information you provide to prepare a letter of demand that will include evidence supporting the damages you seek It is crucial that your lawyer only provide relevant medical documents to the insurance company since they might ask you to sign an 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 present claim Reports of Police When a police officer responds to a call for assistance or an accident he prepares a police report While theyre not admissible in court they are considered to be hearsay they can provide valuable information to attorneys when investigating an accident and creating cases A police report gives an objective account of the incident that is based on the witness testimony of the officer and his observations of the weather conditions the drivers and a variety of other factors It is a crucial piece of evidence that can aid you in winning a car accident lawsuit You can typically request a copy from the precinct who handled the investigation Contact their nonemergency number and provide a receipt or an incident number as proof of identification You can also request copies of records through the police departments website After your medical bills or property damage as well as lost wages are at the amount of a certain amount then youll have to bring a lawsuit against the atfault driver The police report is an effective tool for settlement negotiations particularly when you can prove the other drivers negligence through the observations of the officer Many cases are settled without having to go to trial It can take time to complete the steps before trial and your case might not be resolved for a year or more Insurance Company Negotiations Once an adjuster has all of the information they require from you and the investigation of the car accident they will extend a settlement offer They will enter all the information and facts into a computer program in order to generate their initial offer Theyll likely be able to come up with a figure that is much lower than the one you calculated based on your investigation When insurance companies offer settlement offers theyve got their own financial interests in their minds They will seek to limit the amount they have to pay in medical bills and other damages You are able to fight back if you explain how your injuries will affect your life in the near future For instance you can you can highlight the mounting medical bills and the loss of earning potential as well in the mental and physical suffering youre feeling Your attorney or you will create a letter of demand and submit it to an insurance company The letter should include all the evidence youve collected including witness statements and photos of your injuries You will also create a list of the nonnegotiables that will prevent the insurance company from undervaluing your claim Once you have reached an agreement the agreement will be recorded in the form of a written settlement agreement Its normal for a backandforth to occur during these negotiations but remaining patient will help you achieve a fair settlement Legal Advice Discovery is the next stage of the lawsuit during which both parties exchange information and evidence The parties may request medical records police reports and witness statements The parties can also exchange interrogatories that are written questions that must be answered on an oath within certain times Your lawyer will also record the severity of the physical emotional psychological and physical injuries you have suffered in addition to any other damages which could be sought such as current and projected medical expenses as well as property damage and lost wages Your lawyer will also consult with experts like medical specialists mechanics engineers and mechanics These experts can help the jury get an accurate picture of your accident and injuries Your lawyer will then start negotiations with the insurance companies to settle your case without a trial However if the insurance company offers you an unsatisfactory settlement or does not take your injury and other damages into consideration your case will likely progress to trial While a small number of cases do get to trial it is important for victims to begin a lawsuit as soon as possible Over time memories fade witnesses die and evidence is lost and makes it harder to file a convincing claim to receive the maximum amount of compensation You must also comply with the statute of limitations for your state which can vary from 1 to 6 years
