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Phases of an Auto Accident Lawsuit Property damage medical bills and lost wages could be substantial after an accident An experienced lawyer can help to get the compensation you need The process may differ from casetocase but typically it begins with the filing of an accusation The discovery phase trial and appeals are the next step Medical Records Medical records are an essential element in any auto accident lawsuit They will aid the judge or jury comprehend how the accident had an impact on your life including the emotional physical 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 a limited amount of time to request medical documents from healthcare providers You should consult your lawyer as soon after an accident as it is possible The law protects your 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 able to examine your medical records Insurance companies constantly look for evidence that could suggest your injuries may not be as severe as you think or have a preexisting condition Your lawyer will utilize the medical records you provide to draft a letter of demand that will include evidence in support of the damages you are seeking Your lawyer should only provide the relevant medical records to your insurance company They may require you to give them permission to access your entire medical record This is not the best option for your claim as it may expose past injuries that are not relevant to the claim Police Reports Police reports are prepared each time a police officer responds to an emergency call including car accidents While theyre not admissible in court they are considered hearsay they can provide valuable information to attorneys investigating an accident and creating the case A police report offers an objective account of the incident based on the witness testimony and the officers observations regarding the weather conditions drivers and other aspects Its a crucial piece of evidence that could aid you in winning your lawsuit for car accidents against the defendant Typically you can request a copy of your police report from the police station that handled the investigation by calling their nonemergency number and supplying a receipt or incident number to identify the report auto accident lawyer lake forest may have a website on which you can request copies of the records online After your medical bills property damage and lost wages are at an amount that is a certain amount youll need to file a lawsuit against the atfault driver The police report is an important tool in settlement negotiations particularly when you can establish the other drivers responsibility through the observations of the officer However many cases reach settlements without ever going to trial It may take some time to work through the pretrial procedures and your case might not be resolved for a year or more Insurance Company Negotiations When the adjuster has all of the information he needs from you and your automobile accident investigation theyll make a settlement offer They will input all the facts and details into a software program to make their initial offer Most likely theyll come up with a much less than the amount you calculated using your research Its important to remember that insurance companies have their own financial interest in mind when they decide on settlement offers Theyll want to reduce the amount theyll have to pay for medical expenses and other damage You can counter by highlighting all the ways your injuries will affect your life in the near future For instance you can you can highlight the mounting medical bills and your lost earnings potential as well as the physical and mental suffering you are experiencing Your attorney or you prepare an order letter and present it to an insurance company This will include all the evidence you have collected including witness statements photographs of your injuries and any documents supporting your losses You will also create a list of nonnegotiables to keep the insurance company from undervaluing your claim Once you have reached an agreement it will be reflected in an agreement for settlement in writing Negotiations are usually back and forth but being patient can aid in achieving an equitable settlement Legal Advice Discovery is the next phase of the lawsuit in which both parties exchange information and evidence The parties may seek medical documents police reports or witness statements They will also send any additional interrogatories written questions that need to be answered under oath before the end of a specified time Your attorney will also document the extent of physical emotional and psychological injuries you have suffered as well as any other damages that may be sought out such as future and current medical expenses property damage and lost wages Your lawyer will speak with other experts including medical specialists mechanics and engineers They will help paint a an accurate picture of your crash and the injuries you sustained for the jury Your lawyer will begin negotiations with insurance companies to attempt to settle your claim without a trial If the insurance company fails to offer an acceptable settlement or does not consider your injuries and other losses your case is likely to go to trial While a small number of cases do go to trial it is essential for victims to begin a lawsuit as soon as they can Memories fade witnesses can pass away and evidence can be lost in time and make it difficult to make a strong case to get the maximum amount of compensation You must also adhere to the statute of limitations for your state which can vary between 1 and 6 years
