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Phases of an Auto Accident Lawsuit Property damage medical bills and lost wages can be significant after an accident in the car An experienced attorney can assist you in obtaining the amount you are due The procedure is different depending on the case but generally starts by filing an action This is followed by the discovery phase and trial as well as any appeals Medical Records Medical records are a vital element of any auto accident case They will assist jurors or judges determine how the accident has affected your life including the physical emotional and financial consequences of your injuries Medical records will also tell an account that insurance companies will have a hard to argue You may only have a certain amount of time contingent on the laws of your state and the guidelines of your physician to request medical records This is the reason you should speak with your lawyer as soon as you can following an accident The law protects your access to these documents through the Health Information Portability and Accountability Act HIPAA However this does not mean that only you or your lawyer are able to examine your medical records Insurance companies are generally keen to uncover anything that could suggest your injuries were preexisting or not as severe as you claim Your lawyer will utilize the medical records you provide to create an order letter that will include evidence to support the damages you seek Your lawyer should only give the relevant medical documents to your insurance company They may request you to allow them to access your entire medical record This is not in your best interest as it could reveal past injuries that arent connected to the present claim Reports of Police Police reports are generated each time a police officer responds to an emergency for example car accidents Even though they arent admissible in court they are considered to be hearsay however they provide important information to attorneys when investigating an incident and preparing cases A police report is an objective assessment of what happened in the crash based upon witness statements and the officers observations regarding the damage to the vehicle and weather conditions drivers and more Its an important evidence that can aid you in winning an auto accident lawsuit Usually you can request a copy your police report from the local police department that was responsible for the investigation by calling their nonemergency number and providing an invoice or incident number to identify it The police department might also have a website on which you can request copies of the records online You will need to file a suit against the driver responsible after your medical expenses lost wages and property damage exceed the amount of The police report can be a valuable tool in settlement negotiations especially when you can prove the other drivers fault from the evidence provided by the officer Many cases end up reaching settlements without ever going to trial The process of preparing for trial can be lengthy and your case may not be resolved until one year after filing it Insurance Company Negotiations After the adjuster has all the information they need from you and your vehicle accident investigation hell make an offer for settlement auto accident lawyer westland will put all the facts and details into a computer program to make their initial offer Theyll most likely be able to come up with a figure that is much lower than the one you calculated based on your investigation Its important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers Theyll wish to limit the amount they pay in medical bills and other damages You can fight back if you mention how your injuries will negatively impact your life in the coming years For instance you could you can highlight the mounting medical bills and lost earning potential as well in the mental and physical suffering youre feeling Your attorney or you will create an official demand letter and submit it to an insurance company This letter should include all of the evidence that youve gathered including witness statements and photos of your injuries Also you will create a list of nonnegotiables to stop the insurance company from undervaluing your claim Once you have reached an agreement it will be reflected in the form of a written settlement agreement Its normal for a backandforth to take place during these negotiations but being calm will allow you to reach an equitable settlement Legal Advice The next phase in the car accident lawsuit is discovery where both parties exchange information and evidence Parties may seek medical records and police reports and witness statements They will also provide each other interrogatories written questions that must be answered under oath by the end of the specified time Your attorney will also document the extent of the physical emotional and psychological injuries youve suffered as well as any other damages that might be sought like future and current medical expenses property damage and lost wages Your lawyer will also talk with experts such as medical specialists as well as mechanics and engineers These experts can help the jury to get clear information about your accident and injuries Then your lawyer will begin negotiations with insurance companies to try to settle your claim with out a trial If the insurance company doesnt provide you with an acceptable settlement or does not take into account your injuries or other damages your case will likely go to trial It is crucial that victims file a lawsuit immediately even though few cases are heard in the courtroom With time memories fade witnesses pass away and evidence disappears and makes it harder to present a compelling case for the highest amount of compensation Additionally you must comply with the statute of limitations in your state which could vary from 1 to 6 years
