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Phases of an Auto Accident LawsuitProperty damage, medical bills and lost wages can be substantial following an accident in the car. An experienced lawyer can assist you get the compensation you need.The procedure can differ from case to case, but typically, it starts with the filing of the complaint. The discovery phase, trial, and appeals are the next step.Medical RecordsMedical records are a vital part of any auto accident case. They can help the judge or jury to know how the injury had an impact on your life, including the emotional, physical and financial burdens of your injuries. Insurance companies will find it difficult to dispute the story told by medical records.You might only have a limited period of time, based on the laws in your state and the policy of your doctor, to request medical records. This is the reason why you should consult with a lawyer immediately after an accident. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these records. However, this doesn't mean that you or your lawyer are the only ones able to access your medical records. Insurance companies are generally keen to find anything that might suggest your injuries were pre-existing or not as severe as you claim.Your lawyer will make use of your medical records to prepare a demand letters, that will include evidence to support the damages you are seeking. Your lawyer should only supply the relevant medical documents to your insurance company. They might require you to give them permission to access your complete medical record. This is not beneficial to your claim since it could reveal injuries from the past that are not related to this claim.Reports of PoliceEvery time a police officer responds to a call for help, including an accident, he produces a report. Although they're not admissible in court (they are considered hearsay) They can provide valuable information to attorneys investigating an accident and creating the case.A police report is an objective account of the incident that is based on the witness' testimony and the officer's observations of the weather conditions, drivers, and other factors. auto accident attorneys durham 's an important evidence piece that can assist you in winning your car accident lawsuit against the defendant.You can typically request a copy from the precinct that was responsible for the investigation. Call their emergency line and provide a receipt or an incident number as proof of identification. The police department might also have a website on which you can request copies of the records online.If your medical bills, property damage and lost wages exceed a certain amount, you'll have to make a claim against the driver at fault. The police report can be a valuable tool in settlement negotiations, especially if you can prove the other driver's responsibility in the light of observations made by the officer. Many cases are settled without having to go to trial. Pre-trial proceedings can take a long time and your case might not be resolved until one year after you file it.Insurance Company NegotiationsOnce an adjuster has all the information they require from you as well as the investigation into the car accident and investigation, they will make a settlement offer. To make their first offer, they will enter all the details and facts into the computer program. They will most likely produce a number which is lower than what you calculated based on your study. It's important to remember that insurance companies have their own financial interest in mind when they decide on settlement offers.They'll seek to limit the amount they pay in medical bills and other damages. You can fight back if you explain the way your injuries will affect your life in future. For example, you can highlight your growing medical bills, your decreased earnings capacity and the emotional and physical suffering you're experiencing.Your attorney or you will then draft an order letter and submit it to an insurer. This letter should include all the evidence you've gathered such as witness statements and photos of your injuries. Also, you will create an inventory of non-negotiables in order to stop the insurance company from undervaluing your claim. When an agreement has been reached the written settlement agreement will reflect it. It's normal for a back and forth to occur during these negotiations, but staying patient will help you reach a fair settlement.Legal AdviceThe next stage in the car lawsuit involving an accident is discovery, in which both sides exchange information as well as evidence. Parties can request medical documents, police reports or witness statements. They will also provide another interrogatories (written questions to be completed under oath at the deadline). Additionally the attorney will also document the extent of your physical emotional and psychological injuries as well as the other damages you might be seeking to recover such as current and anticipated future medical expenses, property damage and lost wages.Your lawyer will also confer with experts such as medical specialists, mechanics and engineers. These experts will help paint a an appealing image of the accident and the injuries you sustained for the jury.Your lawyer will then begin negotiations with insurance companies to resolve your case without trial. If the insurance company offers you a low amount of money or does not take your injury and other damages into account the case will go to trial.It is essential that victims file a lawsuit promptly, even though few cases are heard in the courtroom. Memories fade, witnesses pass away, and evidence can be lost as time passes and make it difficult to establish a compelling case to get the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which can range from 1 to 6 years.