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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 assist you receive the compensation you need. The process can vary from case-to-case, but generally, it begins with the filing of the complaint. The discovery phase, trial, and appeals are the next step. Medical Records Medical records are a vital part of any auto accident case. They will help the jury or judge determine the impact of the accident on your life. This includes the financial, emotional physical, and emotional expenses. Insurance companies will have a hard time to refute the story portrayed by medical records. In accordance with the laws of your state and your doctor's guidelines In some states, you'll have the time to request medical documents from healthcare providers. It is recommended to consult with your lawyer as soon after an accident as is possible. The law guarantees access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your lawyer can access your medical records. Insurance companies are always looking for evidence that suggests that your injuries aren't the severity you claim or that you have a pre-existing condition. Your lawyer will utilize your medical records to draft a demand letter, that will include evidence to justify the damages you are seeking. It is important that your lawyer only send 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 the best option for your claim since it could expose past injuries that are not relevant to the claim. Police Reports Police reports are generated every time a law enforcement officer responds to an emergency call and also car accidents. While they're not admissible in court (they are deemed to be hearsay) They can provide valuable information to attorneys investigating an incident and preparing the case. A police report is an objective account of what happened in the accident, based on witnesses' statements and the officer's observations regarding the damage to the vehicles, weather conditions, drivers, and so on. It is an important piece of evidence that can help you win your car accident lawsuit against the defendant. Typically, auto accident attorney augusta can request a copy your police report from the precinct which was responsible for the investigation by calling their non-emergency number and providing a receipt or incident number to identify the report. The police department might have a website where you can request copies of the records online. You'll have to file a suit against the driver who was at fault when your medical bills along with lost wages and property damage exceed a certain value. The police report can be an effective tool during settlement negotiations, particularly when you can demonstrate that the other driver was at fault, based on an officer's observations. Many cases are settled without going to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until a year after you file it. Insurance Company Negotiations Once the adjuster has all of the information he needs from you as well as your car accident investigation, he'll make a settlement offer. They will enter all the information and facts into a computer program to create their initial offer. They will most likely come up with a number which is significantly lower than the number you calculated based on your investigation. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers. They'll want to limit the amount they'll need pay for your medical expenses and other damage. You can counter by highlighting all the ways your injuries could affect your life in the near future. For instance, you can draw attention to your increasing medical bills, the loss of earning potential, and the emotional and physical suffering that you're currently experiencing. Your lawyer or attorney will then draft a demand letter and present it to the insurer. It should include all the evidence you have collected including witness statements, photographs of your injuries, as well as documents supporting your losses. You should also create the list of the items you cannot negotiate, so you can deter the insurance company from negotiating with you. After an agreement has been reached and the written settlement contract will reflect it. Negotiations often involve back and forth affair, but staying patient will assist you in negotiating a fair settlement. Legal Advice The next step in a car accident lawsuit is discovery. During this process, the parties exchange information and evidence. The parties may seek medical documents, police reports or witness statements. The parties can also exchange interrogatories which are written inquiries which have to be answered on an oath within certain times. In addition, your attorney will document the extent of your physical emotional and psychological injuries in addition to the other damages you may seek to compensate for that are incurred, such as future medical costs, property damage, and lost wages. Your lawyer will speak with other experts, including medical specialists, mechanics, and engineers. These experts will aid in painting a the vivid picture of the crash and your injuries for the jury. Your lawyer will begin negotiations with insurance companies to attempt to settle your claim with out a trial. If the insurance company is unable to provide you with an equitable settlement or does not consider your injuries and other damages, your case is likely to go to trial. It is crucial that victims file a lawsuit as soon as possible, even though few cases will ever make it to court. Over time memories fade, witnesses die, and evidence disappears and makes it harder to establish a solid claim for the most compensation. You must also adhere to the statute of limitations for your state which can range from 1 to 6 years.