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Phases of an Auto Accident LawsuitCar crash injuries can result in substantial medical bills, property damage and lost wages. A knowledgeable attorney can assist you in obtaining the financial compensation you deserve.The procedure varies from case-to-case, however, generally it starts with filing a complaint. The discovery phase, trial, and appeals follow.Medical RecordsMedical records are an essential part of any auto accident case. They will assist a judge or jury determine the impact of the accident on your life. This includes the financial, emotional, and physical costs. Insurance companies will have a hard time to refute the story portrayed by medical records.You might only have a limited period of time, based on the laws of your state and the policy of your doctor, to request medical records. Consult with your lawyer as soon after an accident as it is possible. Health Information Portability and Accountability Act, or HIPAA is a law that protects your right to access these documents. However, this doesn't mean that you or your lawyer are the only ones who are able to look over your medical records. Insurance companies will often try to discover anything that may indicate that your injuries were not pre-existing or not so severe as you say.Your lawyer will use the medical records you provide to create an order letter that includes evidence to justify the damages you are seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They may ask you to authorize them to access your entire medical record. This is not in your best interests since it could reveal previous injuries that aren't related to the current claim.Reports of PoliceEach time a police officer responds to a request for help, including an accident, he or she prepares a police report. Even though they're not admissible in court (they are considered to be hearsay) they can provide valuable information to attorneys conducting an investigation and preparing an argument.A police report provides an objective account of the accident that is based on the witness testimony of the officer and his observations of the weather conditions, drivers, and other elements. It is a significant document that can help you win your car accident lawsuit against the defendant.Usually, you can request a copy your police report from the precinct which was responsible for the investigation by calling their emergency number and providing a receipt or incident number to identify the report. You can request copies of your police report on the police department's website.After your medical expenses and property damage as well as lost wages reach a certain amount, you'll need to file a lawsuit against the driver who is at fault. The police report is an important tool in settlement negotiations, particularly when you can establish the other driver's fault in the light of observations made by the officer. Many cases are settled without going to trial. It can take time to work through the pre-trial procedures and your case may not be resolved for a year or more.Insurance Company NegotiationsWhen the adjuster has all the details they require from you as well as your car accident investigation, they will make a settlement offer. They will put all the facts and details into a computer program in order to create their initial offer. Most likely, they'll produce a significantly less than the amount you calculated from your investigation. It's important to remember that insurance companies have their own financial interest in mind when they decide on settlement offers.They'll want to limit the amount they'll need to pay for your medical bills and other damage. You can fight back if you point out how your injuries will negatively affect your life in the near future. For instance, you could draw attention to your increasing medical bills, your decreased earning capacity and the emotional and physical suffering you're suffering.Your attorney or you will prepare an order letter and present it to an insurance company. This will include all the evidence you've collected such as witness statements, photos of your injuries, and any documentation supporting your losses. You should also make a list of non-negotiables to prevent the insurance company from undervaluing your claim. When an agreement is reached it will be documented in a written settlement agreement. Negotiations are usually back and forth process, but being patient can assist you in negotiating an equitable settlement.Legal AdviceThe next stage of the car accident lawsuit is discovery, during which both parties exchange information and evidence. Parties may request medical records, police reports and witness statements. They can also send each other interrogatories (written questions that have to be answered under oath before the deadline). auto accident law firm sunrise will also record the severity of physical psychological, emotional, and physical injuries you've suffered, as well as any other damages that might be sought, such as the current and anticipated medical expenses as well as property damage and lost wages.Your lawyer will also speak with experts like medical specialists as well as mechanics and engineers. These experts can assist the jury get an accurate picture of the injuries and accidents you sustained.Then, your lawyer will begin negotiations with insurance companies in order to try to settle your claim with out a trial. If the insurance company doesn't offer you an equitable settlement or doesn't take into consideration your injuries or other damages, your case will likely be heard in court.Although a small percentage of cases go to trial it is crucial for victims to file a lawsuit as soon as they can. Memories fade, witnesses pass away, and evidence can be lost over time, making it harder to establish a compelling argument for the most compensation. You must also follow the statute of limitations for your state which can range from 1 to 6 years.