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Phases of an Auto Accident Lawsuit Property damage medical bills and lost wages can be substantial following an accident in the car An experienced attorney can assist you in obtaining the financial amount of compensation you deserve The process varies depending on the case however generally it starts with filing a complaint Then follows the discovery phase and trial as well as any appeals Medical Records Medical records are a vital element of any auto accident case auto accident law firm santa rosa will assist the jury or judge comprehend the impact of the accident on your life This includes the financial emotional physical and emotional costs Medical records will also reveal a story that insurance companies will have a difficult time disputing In accordance with the laws of your state and the policy of your doctor You may be granted a limited amount of time to request medical records from your healthcare provider This is why it is important to discuss your legal needs as soon as possible following an accident The law safeguards your access to these records with the Health Information Portability and Accountability Act HIPAA But this doesnt mean that only you or your lawyer can examine your medical records Insurance companies constantly look for evidence that might suggest your injuries might not be the severity you claim or preexisting Your lawyer will use the medical records that you supply to write a letter of demand that includes evidence to justify the damages you are seeking It is essential that your lawyer only provides relevant medical documents to the insurance company because they could ask you to sign an authorization that permits them to access all of your medical records This is not in your best interests since it could expose past injuries that arent related to the present claim Reports of Police Police reports are prepared each time a law enforcement officer responds to an emergency call including car accidents Although they cannot be admitted in the courts of law they are considered to be hearsay they provide valuable information to attorneys in the process of conducting investigations and preparing cases A police report provides an objective account of what happened in the accident based on witnesses statements and the officers observations regarding the damage to the vehicles and weather conditions drivers and more It is an important document that can assist you in winning your lawsuit for car accidents against the defendant Usually you can request a copy of your police report from the precinct that was responsible for the investigation by calling their nonemergency phone number and providing an invoice or incident number to identify it You can also request copies of police reports on the police departments website Youll have to file a lawsuit against the driver who was at fault after your medical expenses as well as lost wages and property damage have reached a certain value The police report can prove to be a helpful tool during settlement negotiations especially in cases where you can show that the other driver was at fault based on the police officers observations But many cases settle settlements without ever going to trial It could take a long time to work through the pretrial steps and your case could not be resolved for a year or more Insurance Company Negotiations When the adjuster has all the information they need from you and your vehicle accident investigation theyll make an offer for settlement To make their first offer they will enter all the information and details into an application on computers Theyll probably arrive at a figure thats much lower than what you calculated from your research When insurance companies offer settlement offers they have their own financial interests in their minds Theyll want to reduce the amount theyll need to pay for medical bills and other damages You can fight back if point out how your injuries will affect your life in the near future You can for example point out your mounting medical bills and the loss of earning potential as well as the physical and mental suffering youre experiencing You or your lawyer will create a demand letter and submit it to the insurer This will include all the evidence youve gathered including statements from witnesses photographs of your injuries as well as any evidence to support your losses Also youll make an outline of your nonnegotiables so you can deter the insurance company from underpricing you Once an agreement is reached it will be reflected in the form of a written settlement agreement Its normal for a back and forth to occur during these negotiations but remaining patient will help you achieve an acceptable settlement Legal Advice Discovery is the next stage of the lawsuit during which the parties exchange information and evidence Parties can request medical records police reports as well as witness statements The parties will also exchange interrogatories which are written inquiries that have to be answered under the oath within a specified time Your attorney will also write down the severity of physical mental emotional or psychological traumas youve suffered and any other damages that may be sought such as the amount of medical expenses you are currently and in the future property damage and lost wages Your lawyer will also speak with experts such as medical specialists as well as mechanics and engineers These experts can assist the jury get a clear picture of your injuries and the accident Your lawyer will then begin negotiations with insurance companies to resolve your case without trial If the insurance company provides you with an unsatisfactory settlement or does not take your injuries and other damages into consideration the case will be heard at trial It is crucial that victims file a lawsuit as soon as possible even though few cases get to the courtroom The memories fade witnesses pass away and evidence can be lost in time making it harder to present a convincing case for the maximum amount of compensation You must also adhere to the statute of limitations in your state which can vary between 1 and 6 years
