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Phases of an Auto Accident Lawsuit Injuries from car crashes can result in substantial medical bills property damage and even lost wages An experienced attorney can help you receive the compensation that you need The procedure varies depending on the case however generally it starts with filing a complaint The discovery phase trial and appeals follow Medical Records Medical records are an important part of any auto accident lawsuit They can help the judge or jury to comprehend how the accident affected your life as well as the emotional physical and financial consequences of your injuries Insurance companies will have a hard time to challenge the narrative told by medical records Based on the laws of your state and the policy of your doctor you may have 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 The law safeguards your access to these records with the Health Information Portability and Accountability Act HIPAA However this does not mean that you or your lawyer are the only ones to look over your medical records Insurance companies are always looking for evidence that suggests your injuries might not be the severity you claim or have a preexisting condition Your lawyer will use the medical information that you supply to write the letter of demand that will include evidence in support of the damages youre seeking Your lawyer should only supply 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 interests because it could reveal prior injuries that arent related to the current claim Reports of Police Every time a police official responds to a call for help such as an accident he prepares a police report While theyre not admissible in court they are deemed to be hearsay They can provide valuable information to attorneys when investigating an accident and preparing the case A police report is an objective account of what transpired in the crash based upon witness statements and the officers observations about the vehicles damage weather conditions drivers and so on Its a vital piece of evidence that could assist you in winning a lawsuit for car accidents You can usually request a copy from the precinct that was responsible for the investigation Call their nonemergency line and provide a receipt or an incident number for identification The police department may have a website on which you can request copies of records online You will need to file a lawsuit against the driver responsible after your medical expenses lost wages and property damage exceed an amount The police report can be an effective tool in settlement negotiations especially when you can prove that the other driver was at fault based on the police officers observations A lot of cases are settled without having to go to trial It can take a while to complete the steps before trial and your case may not be resolved for a long time Insurance Company Negotiations When the adjuster has all of the information they require from you and your automobile accident investigation he will make a settlement offer To generate their first offer theyll enter all the details and facts into a computer program Most likely they will make a less than the amount you calculated from your study Its important to keep in mind that insurance companies have their own financial interests in mind when making 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 point out the way your injuries will affect your life in the near future You can for example mention your increasing medical bills and your lost earning potential as well as the physical and mental suffering you are experiencing You or your attorney will create an order letter and submit it to an insurer This letter should include all the evidence youve gathered such as witness statements and photos of your injuries You should also make an outline of the things you will not negotiate to stop the insurance company from undervaluing your claim Once you have reached an agreement it will be reflected in an agreement to settle in writing Its common for a backandforth to occur during the negotiation process but remaining patient will help you achieve a fair settlement auto accident attorneys greeley is the next stage of the lawsuit in which both parties exchange information and evidence Parties may require medical records or police reports as well as witness statements The parties will also exchange interrogatories that are written questions which have to be answered on oath within a certain time Additionally your attorney will provide documentation of the extent of your physical emotional and mental injuries and any other damages you might seek compensation for including existing and projected future medical expenses property damage and lost wages Your lawyer will confer with other experts like mechanics medical professionals and engineers These experts will help paint an accurate picture of your crash and your injuries for the jury Finally your attorney will begin negotiations with insurance companies in order to attempt to settle your claim without trial However if the insurance company is willing to offer you a low amount of money or does not take your injuries and other damages into account the case will be heard at trial While only a few cases go to trial it is vital for the victims to begin a lawsuit as soon as is possible Memories fade witnesses can pass away and evidence can be lost in time making it more difficult to establish a compelling case for maximum compensation You must also comply with your states statute of limitations which can vary between 1 and 6 years