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Phases of an Auto Accident Lawsuit Damage to property medical bills and lost wages can be significant after an accident A knowledgeable attorney can help you receive the compensation you need The procedure can differ from case to case but generally it begins with the filing of the complaint The discovery phase trial and appeals follow Medical Records Medical records are a vital component of any auto crash case They can help a judge or jury know the effects of the injury on your life auto accident attorneys virginia includes the financial emotional physical and emotional costs Insurance companies will be unable to argue with the information provided by medical records You may only have a specific amount of time contingent on the laws of your state and the policy of your doctor to request medical records This is why you should discuss your legal needs immediately after an accident The law safeguards your access to these documents through the Health Information Portability and Accountability Act HIPAA However this doesnt mean that you or your lawyer are the only ones able to examine your medical records Insurance companies are generally keen to find anything that might suggest that your injuries were preexisting or not as severe as you claim Your lawyer will use your medical records in order to draft a demand letter that will include evidence to justify the damages you seek It is crucial to ensure that your lawyer provides relevant medical records to the insurance company since they might ask you to sign a medical authorization that allows them to access all your medical records This is not the best option for your claim because it could reveal injuries from the past that are not related to this claim Police Reports Police reports are produced every time a law enforcement officer responds to an emergency including car accidents Although they arent admissible in the courts of law they are deemed to be hearsay They are a valuable source of information to attorneys in the process of conducting investigations and preparing cases A police report is an objective account of what happened in the crash based upon witness testimony and observations by the officer regarding the damage to the vehicles and weather conditions drivers and more Its a crucial evidence piece that can help you win your lawsuit for car accidents against the defendant You can typically request a copy from the precinct responsible for the investigation Call their nonemergency phone number and provide an invoice or an incident number as proof of identification The police department may have a website on which you can request copies of your records online Youll have to file a lawsuit against the driver responsible once your medical bills as well as lost wages and property damage exceed an amount The police report can be a useful tool during settlement negotiations especially in cases where you can show that the other driver was largely at fault based on an officers observations In many cases however the parties reach an agreement without ever going to trial Pretrial proceedings can be lengthy and your case may not be resolved until one year after filing it Insurance Company Negotiations Once the adjuster has all of the information they need from you and your automobile accident investigation they will make an offer to settle To generate their first offer theyll enter all the information and details into an online program Most likely theyll produce a significantly smaller amount than you anticipated in your investigation When insurance companies offer settlement offers theyve got their own financial interest in mind Theyll want to limit the amount theyll have to pay for your medical bills and other damages You can counter by highlighting the many ways that your injuries could affect your life in the near future For instance you can mention your increasing medical bills and the loss of earning potential as well as the physical and mental pain youre experiencing Your attorney or you then draft an order letter and present it to an insurance company This letter will include all of the evidence that youve gathered including witnesses statements and photographs of your injuries Youll also make an inventory of the items you cannot negotiate so you can keep the insurance company from undercutting you When an agreement has been reached and the written settlement contract will reflect it Negotiations are usually back and forth affair but being patient can ensure an equitable settlement Legal Advice Discovery is the next stage of the lawsuit in which the parties exchange information and evidence Parties can request medical records and police reports and witness statements The parties may also trade interrogatories which are written questions which must be answered under an oath within the time limit Your attorney will also document the severity of the physical emotional psychological and physical traumas youve suffered as well as any other damages that may be sought out such as the current and anticipated medical expenses as well as property damage and lost wages Your lawyer will also confer with experts such as medical experts mechanics and engineers These experts will help paint a a vivid image of the accident and the injuries you sustained for the jury Your attorney will then start negotiations with insurance companies to settle your case without trial If the insurance company is unable to offer an equitable settlement or does not take into account your injuries and other damages your case is likely to go to trial While a small number of cases do make it to trial it is vital for the victims to begin a lawsuit as soon as is possible With time memories fade witnesses pass away and evidence disappears which makes it more difficult to present a compelling case for the highest amount of compensation Plus you must comply with the statute of limitations in your state which could range from 1 to 6 years
