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Phases of an Auto Accident Lawsuit Medical bills, property damage and lost wages can be significant following a car accident. An experienced lawyer can help you receive the compensation that you require. The procedure varies depending on the case, but generally starts by filing a complaint. The discovery phase, trial, and appeals follow. Medical Records Medical records are a vital part of any auto accident case. They will help the jury or judge comprehend the impact of the accident on your life. This includes the financial, emotional physical, and emotional expenses. Medical records can also tell an account that insurance companies will have a hard to argue. 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. This is the reason why you should speak with your lawyer as soon as possible following an accident. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these documents. But, this doesn't mean that only you or your attorney can examine your medical records. Insurance companies constantly look for evidence that could indicate your injuries may not be the severity you claim or pre-existing. Your lawyer will use your medical records in order to prepare a demand letter which will contain evidence to support 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 in the best interest of your claim because it could reveal previous injuries that are not connected to this claim. Police Reports When a police officer responds to a call for help, such as an accident, he makes a police report. Even though they're not admissible in court (they are deemed to be hearsay), they do provide valuable information to attorneys investigating an accident and preparing an argument. A police report is an objective account of what happened in the accident, based on witness testimonies and the officer's observations regarding the damage to the vehicle the weather, the drivers, and so on. It's a vital evidence that can assist you in winning a lawsuit in a car accident. Usually, you can request a copy your police report from the precinct that was responsible for the investigation by calling their emergency number and providing the receipt or incident number to identify it. The police department may also have a website where you can request copies online. After your medical expenses, property damage and lost wages exceed a certain amount, you'll have to make a claim against the driver at fault. The police report can be an effective tool for settlement negotiations, particularly when you can prove the other driver's negligence in the light of observations made by the officer. However, many cases reach settlements without ever going to trial. The pre-trial process can be long and your case might not be resolved until a year after filing it. Insurance Company Negotiations Once an adjuster has all the information they require from you, and the investigation into the accident, they will extend an offer of settlement. They will put all the information and facts into a program that will create their initial offer. auto accident lawsuit redondo beach 'll probably be able to come up with a figure that is much lower than the one you calculated from your study. It's important to keep in mind that insurance companies have their own financial concerns in mind when they make settlement offers. They'll be looking to reduce the amount they will have to pay for medical bills and other damages. You can fight back by pointing out the ways in which your injuries could affect your life going forward. For instance, you can highlight your growing medical bills, the loss of earning potential, and the physical and emotional suffering you're suffering. You or your lawyer will create a demand letter and then present it to the insurer. This letter should include all of the evidence that you've collected, including witness statements and photos of your injuries. You'll also prepare a list of your non-negotiables so you can keep the insurance company from under-pricing you. Once an agreement is reached the written settlement agreement will reflect it. Negotiations are usually back and forth affair, but staying patient will ensure an equitable settlement. Legal Advice The next step in a car accident lawsuit is discovery. During this process, the parties exchange information and evidence. The parties can request medical records, police reports and witness statements. They may also send any additional interrogatories (written questions that must be completed under oath at the deadline). Your attorney will also record the severity of physical psychological, emotional, and physical injuries you have suffered, in addition to any other damages that may be sought, such as current and projected medical expenses as well as property damage and lost wages. Your lawyer will also talk with experts like medical specialists mechanics, engineers and mechanics. These experts will help paint a an accurate picture of the crash and the injuries you sustained for the jury. Your lawyer will then begin negotiations with insurance companies to settle your case without a trial. However, if the insurance company offers an unsatisfactory settlement or does not take your injury and other damages into consideration your case is likely to go to trial. It is vital that victims file a lawsuit promptly, even if only a handful of cases make it to the courtroom. Over time memories fade, witnesses pass away and evidence is lost and it becomes more difficult to make a strong claim for the most compensation. You must also adhere to the statute of limitations for your state which can range between 1 and 6 years.