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Phases of an Auto Accident Lawsuit Damage to property, medical bills, and lost wages can be substantial after an auto accident. An experienced lawyer can assist you in receiving the amount of compensation you deserve. The procedure is different from case to case, but generally, it begins with filing an action. The discovery phase, trial, and appeals follow. Medical Records Medical records are a vital element of any auto accident case. They can help jurors or judges comprehend the impact of the accident on your life. This includes the financial, emotional physical, and emotional expenses. Medical records will also tell the story that insurance companies will have a hard time disputing. You might only have a particular amount of time, based on the laws in your state and the policy of your doctor, to request medical records. This is why it is important to contact your lawyer as soon as possible after an accident. auto accident attorneys lewisville and Accountability Act, or HIPAA is a law that protects your right to access these documents. However, this does not mean that only you or your attorney can view your medical records. Insurance companies will often try to look for anything that could suggest that your injuries were pre-existing or not so severe as you say. Your lawyer will use your medical records to prepare a demand letter which will include evidence to support the damages you seek. It is important to ensure that your lawyer provides relevant medical records to the insurance company, as they may request you to sign an authorization that allows them to access all of your medical records. This is not in your best interests since it could reveal previous injuries that aren't connected to the current claim. Reports of the Police Police reports are created each time a police officer responds to an emergency call or accident, such as car accidents. Although they cannot be admitted in the courts of law (they are deemed to be hearsay) They are a valuable source of information to attorneys when they are conducting investigations and preparing cases. A police report provides an objective view of what happened in the accident, based on witness statements and the officer's observations regarding the damage to the vehicles as well as weather conditions, drivers, and so on. It is an important piece of evidence that could assist you in winning your lawsuit for car accidents against the defendant. Typically, you can request a copy of your police report from the local police department that handled the investigation by calling their non-emergency number and supplying an invoice or incident number to identify it. You can also request copies of police reports through the police department's website. When your medical bills as well as property damage and lost wages are at an amount that is a certain amount, you'll need to file a lawsuit against the at-fault driver. The police report can be an important tool in settlement negotiations, particularly in cases where you can prove other driver's fault through the observations of the officer. In many cases, however, the parties reach an agreement without going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until one year after you file it. Insurance Company Negotiations After the adjuster has all the information he needs from you and your car accident investigation, they'll make an offer to settle. In order to create their first offer, they'll enter all the information and details into an application on computers. They'll probably come up with a number which is lower than what you calculated based on your investigation. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers. They'll want to reduce the amount they have to pay for medical bills and other damage. You can counter by highlighting the many ways that your injuries will negatively impact your life in the near future. You could, for instance, point out your mounting medical bills and the loss of earning potential, as as the mental and physical suffering you're experiencing. Your attorney or you will prepare a letter of demand and then present it to an insurer. It will contain all the evidence you have collected such as statements from witnesses, photographs of your injuries and any documents that support your losses. You should also make an inventory of non-negotiables in order to stop the insurance company from undervaluing your claim. When an agreement has been reached and the written settlement contract will reflect it. It's not uncommon for back-and-forth to take place during these negotiations, but remaining patient will help you achieve an equitable settlement. Legal Advice The next step in a car accident lawsuit is discovery, during which both sides exchange information and evidence. Parties may require medical records or police reports, as well as witness statements. The parties will also exchange interrogatories which are written questions which have to be answered on the oath within a specified time. Additionally, your attorney will document the extent of your physical emotional and mental injuries and any other damages you might seek compensation for that are incurred, such as future medical costs, property damage, and lost wages. Your lawyer will consult with other experts, like medical specialists, mechanics and engineers. These experts will help paint an accurate picture of your crash and the extent of your injuries to the jury. Your attorney will then begin discussions with the insurance companies in order to resolve your case without trial. If the insurance company is willing to offer you an unsatisfactory settlement or does not take your injury and other damages into account the case will be heard at trial. It is crucial that victims file a lawsuit immediately, even though few cases are heard in the courtroom. With time memories fade, witnesses die and evidence is lost, making it more difficult to present a compelling case for maximum compensation. Additionally, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.