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Phases of an Auto Accident LawsuitInjuries from car crashes can lead to significant medical bills as well as property damage and loss of wages. An experienced lawyer can help you in obtaining the amount you are due.The procedure can differ from case to case, but typically, it begins with the filing of an accusation. The discovery phase, trial, and appeals follow.Medical RecordsMedical records are an essential part of any auto accident case. They will assist jurors or judges to comprehend the impact of the accident on your life. This includes the emotional, financial physical, and emotional costs. Insurance companies will have a hard time to refute the story portrayed by medical records.You may only have a certain amount of time, depending on the laws in your state and the guidelines of your physician, to request medical records. You should consult your lawyer as soon after an accident as it is possible. Health Information Portability and Accountability Act (HIPAA) HIPAA guarantees your right to access these documents. However, this does not mean that only you or your lawyer will be able to examine your medical records. Insurance companies are always looking for anything that could indicate that your injuries aren't as severe as you think or have a pre-existing condition.Your lawyer will make use of your medical records to prepare a demand letter which will contain evidence to justify the damages you are seeking. It is crucial that your lawyer only send relevant medical records to the insurance company, because they could ask you to sign an authorization that permits them to access all your medical records. This is not in your best interests since it could expose past injuries that are not related to the present claim.Police ReportsPolice reports are generated each time a police officer responds to an emergency for example, car accidents. Even though they're not admissible in court (they are deemed to be hearsay) they can provide valuable information to attorneys investigating an accident and preparing cases.A police report provides an independent account of the crash that is based on the witness testimony of the officer and his observations of the weather conditions, the drivers, and other elements. It is an important piece of evidence that could aid you in winning your car accident lawsuit against the defendant.Typically you can request a copy of your police report from the local police department that was responsible for the investigation by calling their emergency number and supplying a receipt or incident number to identify it. You can request copies of the report through the website of the police department.You will need to file a lawsuit against the driver who was at fault after your medical expenses along with lost wages and damages to property reach an amount. The police report is an important tool in settlement negotiations, especially if you can prove the other driver's responsibility through the observations of the officer. A lot of cases are settled without going to trial. The pre-trial process can be long and your case may not be resolved until one year after you file it.Insurance Company NegotiationsOnce an adjuster has all of the information they require from you, and the investigation into the car accident is complete, they will offer an offer for settlement. They will input all the facts and details into a computer program to create their initial offer. They'll probably produce a number that is much lower than the one you calculated from your research. 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 pay for medical bills and other damage. You can counter by pointing out the ways in which your injuries will affect your life going forward. For example, you can highlight your growing medical bills, the loss of earning capacity, and the physical and emotional suffering that you're currently experiencing.You or your lawyer will prepare a demand form and present it to the insurer. It should include all the evidence you have collected such as statements from witnesses, photographs of your injuries and any evidence to support your losses. You will also create a list of the non-negotiables that will stop the insurance company from undervaluing your claim. When an agreement has been reached the written settlement agreement will reflect it. auto accident lawyer san bernardino 's not uncommon for back-and-forth to take place during the negotiation process, but remaining patient will help you reach a fair settlement.Legal AdviceDiscovery is the next phase of the lawsuit in which both parties exchange information and evidence. Parties may request medical records, police reports and witness statements. The parties can also exchange interrogatories which are written questions that have to be answered under an oath within certain times. Your attorney will also record the extent of physical, emotional, and psychological injuries you have suffered, as well as any other damages that could be sought out, such as the amount of medical expenses you are currently and in the future or property damage, as well as lost wages.Your lawyer will speak with other experts, including medical specialists, mechanics, and engineers. These experts can assist the jury to get an accurate picture of the injuries and accidents you sustained.Your lawyer will then begin negotiations with the insurance companies in order to resolve your case with no trial. However, if the insurance company provides you with an unsatisfactory settlement or does not take your injury and other damages into account, your case will likely proceed to trial.While a small number of cases do go to trial it is crucial for victims to make a claim as soon as they can. Memory fades, witnesses die and evidence can disappear as time passes making it more difficult to make a strong argument for the most compensation. You must also comply with the statute of limitations for your state, which can vary between 1 and 6 years.