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Phases of an Auto Accident LawsuitInjuries from car crashes can lead to significant medical bills, property damage, and even lost wages. A knowledgeable attorney can assist you in obtaining the financial justice you deserve.The process may differ from case to case, but generally, it begins with the filing of an action. The discovery phase, trial, and appeals follow.Medical RecordsMedical records are a vital component of any auto crash case. They will aid the judge or jury to comprehend how the accident had an impact on your life, including the emotional, physical and financial burdens of your injuries. Medical records will also reveal an account that insurance companies will have a difficult to argue.You might only have a limited amount of time, contingent on the laws of your state and the policy of your doctor to request medical records. This is why you should consult with a lawyer immediately following an accident. The law protects your 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 to view your medical records. Insurance companies will often try to uncover anything that could indicate that your injuries were not pre-existing or not as severe as you think.Your lawyer will use the medical records you provide to prepare the letter of demand, which will include evidence to support the damages you want. It is important that your lawyer only send relevant medical documents to the insurance company, because they could ask you to sign an authorization that allows them to access all of your medical records. This is not in your best interests as it could reveal past injuries that aren't connected to the present claim.Reports of PoliceWhen a police officer responds to a request for assistance, or an accident, he prepares a police report. While they're not admissible in court (they are considered hearsay) they can provide valuable information to attorneys conducting an investigation and preparing an argument.A police report is an objective account of what happened in the crash, based upon witness 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 which can help you win a car accident lawsuit.You can usually request a copy of the records from the police precinct that handled the investigation. Contact their non-emergency number and provide an original receipt or an incident number as proof of identification. You can also request copies of police reports through the department's website.You will need to file a suit against the driver at fault when your medical bills or lost wages property damage exceed the amount of. The police report is an effective tool for settlement negotiations, particularly if you can prove the other driver's guilt from the evidence provided by the officer. In many cases, however, the parties reach an agreement without going to trial. auto accident lawsuit tacoma can take time to go through the steps before trial and your case may not be resolved for a year or more.Insurance Company NegotiationsWhen the adjuster has all of the information he needs from you and your vehicle accident investigation, they'll make an offer of settlement. They will enter all the information and facts into a software program to generate their initial offer. Most likely, they'll make a smaller amount than you anticipated based on your research. When insurance companies make settlement offers, they have their own financial interest in mind.They'll want to limit the amount they'll need pay for medical expenses and other damage. You can fight back by highlighting the ways in which your injuries will negatively impact your life in the coming years. For instance, you could point to your mounting medical bills, your lost earning capacity and the emotional and physical pain you're suffering.Your attorney or you will create the letter of demand and present it to an insurance company. It will contain all the evidence you have gathered including witness statements, photographs of your injuries as well as any documents that support your losses. Also, you'll make an outline of your non-negotiables to ensure you can keep the insurance company from lowballing you. If an agreement is reached, it will be reflected in a written settlement agreement. It's normal for a back and forth to take place during these negotiations, but being calm will allow you to reach a fair settlement.Legal AdviceDiscovery is the next phase of the lawsuit in which the parties exchange information and evidence. The parties can 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). Your attorney will also document the severity of the physical psychological, emotional, and physical injuries you have suffered, and any other damages that may be sought, such as the current and anticipated medical expenses along with property damage, lost wages.Your lawyer will also consult with experts, such as medical experts, mechanics and engineers. These experts will help paint the vivid image of your crash and your injuries for the jury.Your attorney will then start discussions with insurance companies in order to resolve your case without trial. If the insurance company provides you with an unsatisfactory settlement or does not take your injury and other damages into consideration, your case will likely go to trial.It is vital that victims file a suit as soon as they can, even though only a few cases will ever make it to the courtroom. Over time, memories fade, witnesses pass away and evidence is lost and it becomes more difficult to establish a solid claim for the highest amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which could range from 1 to 6 years.
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