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Phases of an Auto Accident Lawsuit Damage to property medical bills and lost wages may be substantial following an accident An experienced lawyer can assist you get the compensation you need The procedure can differ depending on the case but generally it begins with the filing of an accusation The discovery phase trial and any appeals follow Medical Records Medical records are an important element in any auto accident lawsuit They will aid a jury or judge determine how the accident has had an impact on your life including the emotional physical and financial consequences of your injuries Medical records will also reveal the story that insurance companies will have a difficult to argue Based on the laws of your state and your doctors policy you may have a limited amount of time to request medical records from your healthcare provider You should speak with your lawyer as soon after an accident as possible The law safeguards your access to these records through the Health Information Portability and Accountability Act HIPAA However this does not mean that you or your lawyer are the only ones who can access your medical records Insurance companies are generally keen to find anything that might indicate that your injuries were not preexisting or not as severe as you claim Your lawyer will use your medical records in order to prepare a demand letter that will include evidence to support the damages youre seeking It is imperative that your lawyer only send relevant medical documents to the insurance company as they may request you to sign an authorization that allows them to access all your medical records This is not the best option for your claim because it could reveal previous injuries that are not connected to the claim Reports of Police When a police officer responds to a request for help such as an accident he produces a report Although they arent admissible in a court of law they are deemed to be hearsay they can provide valuable information for attorneys when researching and preparing cases A police report is an objective account of the incident based on the witness testimony of the officer and his observations of the weather conditions the drivers and other factors It is an important evidence piece that can aid you in winning your car accident lawsuit against the defendant Typically you can request a copy 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 auto accident lawyer los angeles might have a website where you can request copies of your records online When your medical bills or property damage as well as lost wages exceed an amount that is a certain amount you will need to bring a lawsuit against the driver who is at fault The police report is a valuable tool in settlement negotiations especially in cases where you can prove other drivers responsibility in the light of observations made by the officer However many cases reach an agreement without going to trial Pretrial proceedings can take a long time and your case might not be resolved until one year after you file it Insurance Company Negotiations When the adjuster has all the information he needs from you as well as your car accident investigation they will make an offer to settle They will input all the information and facts into a program that will generate their initial offer They will most likely come up with a number that is much lower than the one you calculated based on your study Its important to remember that insurance companies have their own financial interests in mind when making settlement offers Theyll be looking to reduce the amount they have to pay in medical bills and other damages You are able to fight back if you highlight how your injuries will impact your life in the coming years You can for example you can highlight the mounting medical bills and lost earnings potential as well in the mental and physical suffering youre feeling Your attorney or you then prepare an official demand letter and present it to an insurance company This will include all the evidence youve collected and include statements from witnesses photographs of your injuries and any documents supporting your losses Youll also make an outline of your nonnegotiables so you can deter the insurance company from lowballing you When an agreement has been reached the written settlement agreement will reflect it Negotiations are often a back and forth but perseverance will aid in achieving 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 police reports and witness statements The parties will also exchange interrogatories that are written questions which have to be answered on an oath within certain times Your attorney will also record the extent of physical emotional and psychological injuries you have suffered in addition to any other damages which could be sought such as current and projected medical expenses or property damage as well as lost wages Your lawyer will also speak with experts like medical specialists mechanics engineers and mechanics These experts can help the jury get a clear picture of your injuries and accident Your lawyer will then start negotiations with insurance companies in order to resolve your case without trial However if the insurance company offers you a small settlement or does not take your injuries and other damages into consideration the case could proceed to trial It is essential that victims file a suit as soon as they can even though few cases will ever make it to court Over time memories fade witnesses pass away and evidence disappears making it more difficult to establish a solid claim to receive the maximum amount of compensation In addition you must abide with the statute of limitations in your state which could vary from 1 to 6 years
