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Phases of an Auto Accident Lawsuit Car accident injuries can result in substantial medical bills, property damage and lost wages. An experienced attorney can assist you in receiving the amount you are due. The procedure can differ from case-to-case, but generally it begins with the filing of the complaint. The discovery phase, trial, and appeals follow. Medical Records Medical records are an important element of any auto accident lawsuit. They will assist jurors or judges determine the impact of the accident on your life. This includes the financial, emotional physical and emotional costs. Medical records will also tell an insurance company a story they will have a difficult time disputing. Depending on your state's laws and your doctor's policy depending on your state's laws and your doctor's policy, you could have a limited amount of time to request medical documents from healthcare providers. This is why it is important to discuss your legal needs immediately following an accident. The law guarantees access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). This does not mean you or your lawyer are the only ones who are able to view your medical records. Insurance companies are often keen to find anything that might suggest your injuries were pre-existing or not so severe as you say. Your lawyer will use the medical records that you supply to write an order letter that will include evidence to support the damages you want. It is essential that your lawyer only provide relevant medical records to the insurance company, since they might ask you to sign an authorization that permits them to access all of your medical records. This is not in the best interest of your claim, as it could reveal previous injuries that are not connected to the claim. Reports of the Police Every time a police official responds to a request for help, such as an accident, he creates a police report. Although they aren't admissible in a court of law (they are considered to be hearsay) they are valuable information for attorneys when investigating and preparing their cases. A police report provides an objective view of what transpired in the crash, based on witness testimonies and the officer's observations regarding the damage to the vehicles as well as weather conditions, drivers and more. It's a crucial piece of evidence that can aid you in winning your lawsuit for car accidents against the defendant. You can typically request a copy from the precinct responsible for the investigation. Call their non-emergency line and provide an invoice or an incident number to prove your identity. You can also request copies of police reports on the police department's website. If your medical bills, property damage and lost wages reach an amount that is a certain amount, you will need to start a lawsuit against the driver at fault. The police report can be an important tool in settlement negotiations, particularly if you can prove the other driver's responsibility based on observations made by the officer. A lot of cases are settled without going to trial. The process of preparing for trial can be lengthy and your case may not be resolved until a year after you file it. Insurance Company Negotiations Once an adjuster has all the information they need from you and the car accident investigation They will then extend an offer of settlement. In order to create their first offer, they'll input all the details and facts into a computer program. Most likely, they will arrive at a less than the amount you calculated in your research. It's important to keep in mind that insurance companies have their own financial interest in mind when they decide on settlement offers. They'll seek to limit the amount they have to pay in medical bills and other damages. You can fight back by pointing out all the ways that your injuries will negatively impact your life in the coming years. For instance, you could refer to your rising medical bills, your decreased earnings capacity and the physical and emotional suffering that you're currently experiencing. Your attorney or you will create an official demand letter and submit it to an insurance company. It will contain all the evidence you have gathered including witness statements, photos of your injuries as well as any documents that support your losses. Also, you will create a list of the non-negotiables that will ensure that the insurance company is not undervaluing your claim. Once you have reached an agreement the agreement will be recorded in the form of a written settlement agreement. Negotiations can be a back and forth affair, but perseverance will aid in achieving an equitable settlement. Legal Advice The next stage of the car accident lawsuit is discovery, during which both sides exchange information and evidence. Parties may seek medical documents, police reports or witness statements. auto accident law firm marietta can also exchange interrogatories, which are written questions that must be answered on an oath within the time limit. In addition your attorney will provide documentation of the extent of your physical emotional and psychological injuries and any other damages you may seek to compensate for that are incurred, such as future medical expenses, property damage and lost wages. Your lawyer will also confer with experts like medical specialists mechanics, engineers and mechanics. These experts can help the jury to get clear information about your injuries and the accident. Then, your lawyer will begin negotiations with insurance companies to try to resolve your claim without trial. If the insurance company fails to offer you 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 vital for the victims to start a lawsuit as quickly as is possible. With time, memories fade, witnesses pass away and evidence is lost and makes it harder to present a compelling case for the highest amount of compensation. Plus, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.