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Phases of an Auto Accident Lawsuit Damage to property, medical bills and lost wages may be significant following a car accident. An experienced lawyer can assist to get the compensation you need. The procedure is different from case to case but generally starts by filing a complaint. This is followed by the discovery phase trial, and any appeals. Medical Records Medical records are a vital element in any auto accident case. They will assist jurors or judges determine how the accident has affected your life, as well as the emotional, physical and financial costs of your injuries. Insurance companies will have a hard time to argue with the information provided by medical records. Based on the laws of your state and the policy of your doctor You may be granted only a short amount of time to request medical documents from healthcare providers. It is recommended to consult with your lawyer as soon after an accident as you can. Health Information Portability and Accountability Act or HIPAA, protects your right to access these documents. But, this doesn't mean that only you or your lawyer will be able to see your medical records. Insurance companies are always looking for any sign that could suggest your injuries might not be as severe as you think or that you have a pre-existing condition. Your lawyer will utilize the medical records that you supply to write an order letter that will include evidence supporting the damages you seek. Your lawyer should only supply the relevant medical documents to your insurance company. They may ask you to grant them permission to access your entire medical record. This is not in your best interest since it could reveal previous injuries that are not related to the present claim. Reports of Police Police reports are generated every time a law enforcement officer responds to an emergency for example, car accidents. While they cannot be used in the courts of law (they are deemed to be hearsay) they can provide valuable information for attorneys when investigating and preparing cases. A police report offers an objective account of the accident from the witness' testimony as well as the officer's observations regarding the weather conditions, the drivers, and other elements. It's an important evidence piece that can assist you in winning your car accident lawsuit against the defendant. You can typically request a copy from the precinct responsible for the investigation. Call their non-emergency line and provide an invoice or an incident number as identification. The police department may have a website on which you can request copies online. After your medical bills, property damage and lost wages are at a certain amount, you'll have to file a lawsuit against the driver at fault. The police report can be an effective tool during settlement negotiations, especially when you can demonstrate that the other driver was at fault based on the police officer's observations. Many cases end up reaching an agreement without going to trial. It may take some time to work through the pre-trial steps and your case may not be resolved for a long time. Insurance Company Negotiations After the adjuster has all of the information they need from you and your automobile accident investigation, they will make an offer of settlement. They will input all the information and facts into a program that will generate their initial offer. They'll most likely be able to come up with a figure which is lower than what you calculated based on your study. It's important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers. They will be looking to reduce the amount they have to pay in medical bills and other damages. You are able to fight back if you point out how your injuries will affect your life in future. For instance, you can point to your mounting medical bills, the loss of earnings capacity and the emotional and physical suffering you're experiencing. Your attorney or you will create an official demand letter and then present it to an insurer. The letter should include all of the evidence that you've gathered such as witnesses' statements and photographs of your injuries. Also, you will create a list of non-negotiables to prevent the insurance company from undervaluing your claim. When an agreement has been reached the settlement agreement written will reflect it. auto accident lawsuit danbury involve back and forth affair, but being patient can 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 request medical records and police reports, as well as witness statements. They may also send any additional interrogatories (written questions to be answered under oath by end of the specified time). Your lawyer will also record the severity of the physical, emotional, and psychological injuries you have suffered, and any other damages that may be sought, including the amount of medical expenses you are currently and in the future or property damage, as well as lost wages. Your lawyer will speak with other experts, including mechanics, medical specialists, and engineers. These experts will help paint a an accurate picture of your crash and the injuries you sustained for the jury. Your lawyer will then start negotiations with insurance companies to resolve your case with no 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 proceed to trial. While a small number of cases do get to trial, it is vital for the victims to file a lawsuit as soon as possible. Memories fade, witnesses disappear and evidence may be lost in time and make it difficult to establish a compelling case to get the maximum amount of compensation. Plus, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.