julypillow03
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Phases of an Auto Accident Lawsuit Property damage medical bills and lost wages can be substantial after an accident in the car An experienced lawyer can assist you in obtaining the financial compensation you deserve The procedure is different depending on the case however generally it starts with filing an action Then follows the discovery phase trial and any appeals Medical Records Medical records are an important component of any auto accident lawsuit They will aid the judge or jury to know how the injury had an impact on your life including the physical emotional and financial burdens of your injuries Medical records will also tell an account that insurance companies will have a difficult to argue Based on the laws of your state and your doctors guidelines You may be granted the time to request medical documents from healthcare providers This is the reason why you should contact your lawyer immediately after an accident The law guarantees access to these records through the Health Information Portability and Accountability Act HIPAA This does not mean you or your lawyer are the only ones to examine your medical records Insurance companies are often keen to uncover anything that could indicate that your injuries were not preexisting or not as severe as you think Your lawyer will use your medical records to create a demand letter that will include evidence to support the damages you seek Your lawyer must only provide the relevant medical records to your insurance company They might request you to allow them to access your entire medical record This is not in the best interest of your claim as it may expose past injuries that are not relevant to the claim Reports of the Police Police reports are created each time a law enforcement officer responds to an emergency for example car accidents While theyre not admissible in court they are deemed to be hearsay They can provide valuable information to attorneys conducting an investigation and preparing a case A police report is an objective account of the accident that is based on the witness testimony of the officer and his observations regarding the weather conditions drivers and other aspects It is a crucial piece of evidence which can assist you in winning a lawsuit in a car accident Typically auto accident law firm west covina can request a copy of your police report from the precinct which was responsible for the investigation by calling their nonemergency number and supplying an incident or receipt to identify the report You can request copies of the report through the police departments website Youll need to file a lawsuit against the person who caused the accident once your medical bills or lost wages damages to property reach the amount of The police report is an essential 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 an agreement without going to trial The pretrial process can be long and your case might not be resolved until one year after you file it Insurance Company Negotiations Once an adjuster has all the details they require from you as well as the investigation into the car accident is complete they will offer an offer of settlement In order to create their first offer they will enter all the details and facts into a computer program Most likely they will arrive at a smaller amount than you anticipated using your investigation Its important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers Theyll seek to limit the amount they are required to pay for medical bills and other damages You can counter by pointing out all the ways your injuries will impact your life in the future You could for instance you can highlight the mounting medical bills and your lost earning potential as well as the physical and mental suffering youre experiencing Your lawyer or you prepare a demand form and submit it to the insurance company It will contain all the evidence you have collected including statements from witnesses photographs of your injuries as well as documents supporting your losses Youll also prepare an inventory of the items you cannot negotiate so you can stop the insurance company from undercutting you Once an agreement has been reached the settlement agreement written will reflect it Negotiations can be a back and forth affair but staying patient will assist you in negotiating a fair settlement Legal Advice The next step in a car accident lawsuit is discovery in which both sides exchange information and evidence Parties may require medical records or police reports and witness statements The parties can also exchange interrogatories which are written questions which have to be answered on oath within a certain time In addition your attorney will document the extent of your physical emotional and psychological injuries and any other damages that you could be seeking to recover that are incurred such as future medical expenses property damage and lost wages Your lawyer will also talk with experts such as medical specialists mechanics engineers and mechanics These experts will help paint a vivid picture of the crash and your injuries for the jury Your attorney will then begin discussions with insurance companies in order to resolve your case without trial If the insurance company is unable to offer you a fair settlement or doesnt take into consideration your injuries and other damages your case will likely go to trial Although few cases actually make it to trial it is crucial for victims to begin a lawsuit as soon as they can Memories fade witnesses disappear and evidence may be lost in time and make it difficult to establish a compelling case for the maximum amount of compensation You must also comply with your states statute of limitations which can vary from 1 to 6 years