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Phases of an Auto Accident Lawsuit Car crash injuries could result in significant medical bills as well as property damage and loss of wages An experienced lawyer can help you in obtaining the compensation you deserve The procedure varies depending on the case however it generally begins with filing an action Then comes the discovery phase along with any appeals Medical Records Medical records are an important component of any auto accident lawsuit They can assist the jury or judge determine the impact of the accident on your life This includes the financial emotional physical and emotional costs Insurance companies will have a hard time to argue with the information provided by medical records You might only have a particular amount of time contingent on the laws in your state and the guidelines of your physician to obtain medical records It is recommended to consult with your lawyer as soon after an accident as it is possible auto accident law firm lewisville and Accountability Act HIPAA HIPAA is a law that protects your right to access these medical records But this doesnt mean that only you or your lawyer are able to examine your medical records Insurance companies constantly look for evidence that could suggest that your injuries arent as severe as you think or have a preexisting condition Your lawyer will make use of your medical records to prepare a demand letters that will include evidence to justify the damages you are seeking Your lawyer should only give the relevant medical records to your insurance company They may ask you to grant them permission to access your complete medical record This is not in the best interest of your claim since it could expose past injuries that are not relevant to the claim Reports of the Police Police reports are prepared every time a law enforcement officer responds to an emergency call including car accidents Although they arent admissible in a court of law they are deemed to be hearsay They are a valuable source of information to attorneys when they are researching and preparing cases A police report provides an objective account of what happened in the accident based on witness statements and observations about the vehicles damage and weather conditions drivers and more Its an important document that can help you win your lawsuit for car accidents against the defendant You can usually request a copy of the records from the precinct responsible for the investigation Call their emergency line and provide the receipt or incident number as identification The police department may also have a website where you can request copies of records online When your medical bills property damage and lost wages are at the amount of a certain amount then you will need to make a claim against the driver who is at fault The police report is an important tool in settlement negotiations especially when you can prove the other drivers guilt from the evidence provided by the officer Many cases end up reaching settlements without ever going to trial It could take a long time to complete the pretrial procedures and your case could not be resolved for a long time Insurance Company Negotiations Once an adjuster has all the details they require from you and the investigation into the accident They will then extend an offer for settlement To create their initial offer theyll input all the information and details into an online program Theyll probably arrive at a figure which is lower than what you calculated from your investigation Its important to keep in mind that insurance companies have their own financial interests in mind when deciding on settlement offers Theyll want to limit how much they have to pay in medical bills and other damages You are able to fight back if you mention how your injuries will affect your life in future For instance you could highlight your growing medical bills the loss of earnings capacity and the emotional and physical suffering youre going through Your lawyer or you will then prepare a demand letter and present it to the insurer It should include all the evidence youve collected including witness statements photographs of your injuries and any documents that support your losses Also youll make an inventory of the items you cannot negotiate so you can prevent the insurance company from undercutting you After an agreement has been reached the written settlement agreement will reflect it Its common for a backandforth to take place during these negotiations but remaining calm will allow you to reach an acceptable settlement Legal Advice The next stage of the car lawsuit involving an accident is discovery in which the parties exchange information and evidence Parties can request medical documents police reports or witness statements They will also send any additional interrogatories written questions that have to be completed under oath at the expiration of a specific time Additionally your lawyer will record the extent of your physical emotional and psychological injuries as well as the other damages you may seek compensation for such as current and anticipated future medical expenses property damage and lost wages Your lawyer will speak with other experts such as mechanics medical experts and engineers These experts will help paint a a vivid picture of the crash and your injuries for the jury Your attorney will then begin negotiations with the insurance companies to settle your case without trial If the insurance company doesnt offer you an acceptable settlement or does not take into account your injuries and other damages your case will likely go to trial It is vital that victims file a suit as soon as they can even though very few cases make it to the courtroom With time memories fade witnesses pass away and evidence disappears and makes it harder to establish a solid claim to receive the maximum amount of compensation Furthermore you have to comply with the statute of limitations in your state which could vary from 1 to 6 years
