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Phases of an Auto Accident Lawsuit Medical bills, property damage and lost wages could be substantial following an auto accident. An experienced attorney can assist you in obtaining the amount you are due. The process varies from case to case, but generally, it begins with filing an action. The discovery phase, trial, and appeals follow. Medical Records Medical records are an essential element in any auto accident lawsuit. They can help the judge or jury to comprehend how the accident affected your life, including the emotional, physical and financial costs of your injuries. Medical records will also provide an account that insurance companies will have a tough time disputing. Depending on your state's laws and the policies of your doctor In some states, you'll have limited time to request medical records from your healthcare provider. This is the reason why you should consult with a lawyer immediately after an accident. Health Information Portability and Accountability Act or HIPAA ensures that you have the right to access these documents. However, this doesn't mean that you or your lawyer are the only ones able to view your medical records. Insurance companies will often try to uncover anything that could suggest your injuries were pre-existing or not so severe as you say. Your lawyer will use the medical information you provide to create the letter of demand that will include evidence to support the damages you want. Your lawyer must only provide the relevant medical records to your insurance company. They might request you to allow them to access your entire medical record. This is not in the best interest of your claim as it may reveal past injuries not related to this claim. Police Reports Police reports are prepared each time a police officer responds to an emergency call or accident, such as car accidents. Although they aren't admissible in a court of law (they are considered to be hearsay) They are a valuable source of information for attorneys when researching and preparing cases. A police report is an objective view of what happened during the crash, based on witness statements and observations about the vehicles' damage, weather conditions, drivers and more. It is an important piece of evidence that can aid in winning a lawsuit for car accidents. Usually you can request a copy of your police report from the police station that was responsible for the investigation by calling their non-emergency line and providing a receipt or incident number to identify the report. The police department may also have a website on which you can request copies online. You will need to file a lawsuit against the driver who was at fault when your medical bills as well as lost wages and property damage exceed an amount. The police report is an effective tool for settlement negotiations, particularly when you can establish the other driver's responsibility based on observations made by the officer. Many cases are settled without going to trial. It could take a long time to complete the pre-trial process and your case might not be resolved for a year or more. Insurance Company Negotiations After the adjuster has all of the information they need from you and your car accident investigation, he'll make a settlement offer. In order to create their first offer, they'll input all the details and facts into an application on computers. They will most likely produce a number that's much lower than what you calculated based on your study. When insurance companies offer settlement offers, they have their own financial interests in their minds. They'll be looking to reduce the amount they are required to pay for medical bills and other damages. You can counter by pointing out all the ways your injuries will affect your life in the near future. For instance, you can refer to your rising medical bills, your decreased earning capacity, and the emotional and physical suffering you're experiencing. Your lawyer or you then prepare a demand letter and present it to the insurance company. This letter should include all the evidence you've gathered such as witness statements and photos of your injuries. You will also create a list of non-negotiables to prevent the insurance company from undervaluing your claim. Once an agreement is reached and ratified, it will be included in an agreement to settle in writing. Negotiations are usually back and forth, but staying patient will aid in achieving a fair settlement. Legal Advice The next stage in the car lawsuit involving an accident is discovery, where both parties exchange information and evidence. Parties may seek medical documents, police reports or witness statements. The parties can also exchange interrogatories that are written questions which must be answered under an oath within the time limit. Your attorney will also write down the extent of the physical, emotional, and psychological injuries you have suffered, in addition to any other damages that could be sought, such as the amount of medical expenses you are currently and in the future as well as property damage and lost wages. Your lawyer will also speak with experts such as medical professionals, mechanics and engineers. auto accident law firm lorain will help paint a the vivid picture of your crash and the extent of your injuries to the jury. Your lawyer will then begin discussions with the insurance companies in order to settle your case without trial. If the insurance company is willing to offer you a small settlement or fails to take your injuries and other damages into account, your case will likely progress to trial. Although a small percentage of cases go to trial it is essential for victims to begin a lawsuit as soon as is possible. Over time, memories fade, witnesses die, and evidence disappears which makes it more difficult to establish a solid claim for the most compensation. Plus, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.