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Phases of an Auto Accident Lawsuit Property damage, medical bills and lost wages can be substantial after a car accident. An experienced lawyer can help you in receiving the amount of compensation you deserve. The process is different depending on the case, however, it generally begins with filing a complaint. The discovery phase, trial, and appeals follow. Medical Records Medical records are an essential component of any auto accident lawsuit. They will help jurors or judges know how the injury had an impact on your life, including the emotional, physical and financial costs of your injuries. Medical records can also tell an account that insurance companies will have a difficult to argue. You might only have a limited period of time, based on the laws in your state and the guidelines of your physician, to obtain medical records. This is the reason you should speak with your lawyer as soon as possible after an accident. Health Information Portability and Accountability Act or HIPAA, protects your right to access these documents. But, this doesn't mean that only you or your lawyer are able to view your medical records. Insurance companies are always looking for evidence that could indicate your injuries might not be as severe as you claim or that you have a pre-existing condition. Your lawyer will use your medical records to prepare a demand letter which will contain evidence to support the damages you seek. It is important to ensure that your lawyer provides relevant medical documents to the insurance company as they may request you to sign a medical authorization that allows them to access all of your medical records. This is not in the best interest of 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 and also car accidents. Although they cannot be admitted in the courts of law (they are considered to be hearsay) they are valuable information to attorneys in the process of researching and preparing cases. A police report is an objective assessment of what happened in the crash, based upon witness statements and the officer's observations about the vehicle's damage and weather conditions, drivers, and so on. It is a significant piece of evidence that could assist you in winning your car accident lawsuit against the defendant. You can typically request a copy of the records from the precinct that was responsible for the investigation. Call their non-emergency line and provide a receipt or an incident number as identification. You can request copies of the report through the department's website. You'll need to file a suit against the driver responsible after your medical expenses, lost wages, and property damage exceed the amount of. The police report can be a valuable tool in settlement negotiations, especially when you can demonstrate that the other driver was at blame based on the officer's observations. Many cases end up reaching an agreement without going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until a year after filing it. Insurance Company Negotiations Once an adjuster has all of the information they require from you as well as the car accident investigation is complete, they will offer an offer of settlement. To create their initial offer, they will enter all the information and details into a computer program. They'll probably arrive at a figure that's much lower than what you calculated from your study. When auto accident lawsuit medford make settlement offers, they've got their own financial interests in their minds. They'll seek to limit the amount they are required to pay for medical bills and other damages. You can counter by highlighting the many ways that your injuries will affect your life in the future. For instance, you could point to your mounting medical bills, your lost earning potential, and the emotional and physical suffering you're experiencing. You or your attorney will then draft an order letter and submit it to an insurance company. This will include all the evidence you have gathered including statements from witnesses, photographs of your injuries, and any documents supporting your losses. You will also create a list of non-negotiables to ensure that the insurance company is not undervaluing your claim. Once an agreement has been reached and the written settlement contract will reflect it. Negotiations often involve back and forth process, but perseverance will help you achieve an equitable settlement. Legal Advice Discovery is the next stage of the lawsuit, in which both parties exchange information and evidence. Parties can request medical records and police reports, and witness statements. The parties can also exchange interrogatories, which are written questions that must be answered on an oath within certain times. Your attorney will also document the extent of physical emotional, psychological, and physical traumas you've suffered in addition to any other damages that could be sought, like current and projected medical expenses as well as property damage and lost wages. Your lawyer will talk to other experts, like mechanics, medical specialists, and engineers. These experts can assist the jury to get clear information about your injuries and the accident. Your lawyer will then start negotiations with insurance companies in order to resolve your case without trial. If the insurance company does not provide you with an acceptable settlement or does not take into account your injuries and other damages your case is likely to be heard in court. While only a few cases go to trial it is important for victims to file a lawsuit as soon as possible. Over time memories fade, witnesses die and evidence is lost and makes it harder to present a compelling case for maximum compensation. Additionally, you must comply with the statute of limitations in your state, which can range from 1 to 6 years.