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Phases of an Auto Accident LawsuitProperty damage, medical bills, and lost wages can be significant after an auto accident. A knowledgeable attorney can help you receive the compensation you need.The process can vary from case to case, but usually begins with the filing of the complaint. The discovery phase, trial, and appeals are the next step.Medical RecordsMedical records are an important part of any auto accident lawsuit. They will help jurors or judges to comprehend the impact of the accident on your life. This includes the financial, emotional physical, and emotional costs. Medical records will also tell a story that insurance companies will have a hard time disputing.You may only have a specific period of time, based on the laws of your state and the guidelines of your physician, to request medical records. This is the reason why you should consult with a lawyer whenever you can following an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA guarantees your right to access these records. This doesn't mean you or your lawyer are the only ones who can view your medical records. Insurance companies are always looking for evidence that might suggest your injuries may not be as serious as you claim or that you have a pre-existing condition.Your lawyer will utilize your medical records to prepare a demand letter which will contain evidence to support the damages you seek. Your lawyer should only supply the relevant medical documents to your insurance company. They may require you to give them permission to access your complete medical record. This is not in the best interest of your claim as it may reveal injuries from the past that are not related to this claim.Reports of the PolicePolice reports are generated every time a law enforcement officer responds to an emergency call and also car accidents. Although they are not admissible in the courts of law (they are deemed to be hearsay) they are valuable information to attorneys in the process of investigating and preparing their cases.A police report provides an objective view of what happened in the accident, based on witnesses' statements and observations regarding the damage to the vehicle and weather conditions, drivers, and so on. It's an important piece of evidence that could help you win a lawsuit in a car accident.Typically you can request a copy of your police report from the precinct that was responsible for the investigation by calling their emergency number and supplying an invoice or incident number to identify it. The police department may also have a website on which you can request copies online.After your medical expenses and property damage as well as lost wages exceed the amount of a certain amount, then you will need to make a claim against the driver at fault. The police report can be a useful tool in settlement negotiations, particularly when you can demonstrate that the other driver was largely at blame based on the officer's observations. A lot of cases are settled without having to go 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 NegotiationsOnce an adjuster has all the details they require from you and the investigation into the car accident is complete, they will offer an offer of settlement. They will enter all the facts and details into a computer program to generate their initial offer. Most likely, they'll arrive at a lower number than you calculated using your research. When insurance companies offer settlement offers, they've got their own financial interest in the back of their heads.They'll want to limit the amount they have to pay for medical bills and other damage. You can fight back by highlighting the many ways that your injuries could affect your life in the near future. For instance, you could highlight your growing medical bills, your diminished earning potential, and the emotional and physical suffering you're going through.Your lawyer or you then prepare a demand letter and present it to the insurer. It will contain all the evidence you have collected, including witness statements, photographs of your injuries, as well as evidence to support your losses. Also, you'll make a list of your non-negotiables to ensure you can prevent the insurance company from under-pricing you. When an agreement has been reached the settlement agreement written will reflect it. It's normal for a back and forth to take place during these negotiations, but staying patient will help you reach an acceptable settlement.Legal AdviceThe next step in a car accident lawsuit is discovery, in which both sides exchange information and evidence. Parties may seek medical records and police reports, and witness statements. They will also send any additional interrogatories (written questions that must be answered under oath before the deadline). auto accident attorney sandy will also record the severity of the physical psychological, emotional, and physical injuries you've suffered, in addition to any other damages that might be sought, such as future and current medical expenses as well as property damage and lost wages.Your lawyer will speak with other experts, like mechanics, medical professionals, and engineers. They will help paint a an accurate image of the accident and your injuries for the jury.Finally, your attorney will begin negotiations with insurance companies in order to try to settle your claim without trial. If the insurance company offers you a small settlement or does not take your injury and other damages into account your case is likely to be heard at trial.It is crucial that victims file a lawsuit promptly, even though few cases will ever make it to court. Over time memories fade, witnesses die, and evidence disappears which makes it more difficult to file a convincing claim for maximum compensation. In addition, you must abide with the statute of limitations in your state, which could range from 1 to 6 years.