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Phases of an Auto Accident Lawsuit Car crash injuries can lead to significant medical bills as well as property damage and loss of wages. A knowledgeable attorney can assist you in getting the amount of compensation you deserve. The process can vary depending on the case, but usually begins with the filing of the complaint. The discovery phase, trial, and any appeals follow. Medical Records Medical records are a vital part of any auto accident case. They can help the judge or jury to know how the injury affected your life, including the emotional, physical and financial cost of your injuries. Insurance companies will have a hard time to refute the story portrayed by medical records. Depending on your state's laws and the policy of your doctor You may be granted the time to request medical records from healthcare providers. This is the reason you should speak with your lawyer as soon as you can after an accident. Health Information Portability and Accountability Act or HIPAA guarantees your right to access these medical records. However, this doesn't mean that only you or your lawyer are able to access your medical records. Insurance companies are generally keen to discover anything that may suggest your injuries were pre-existing or not as severe as you think. Your lawyer will make use of your medical records to draft a demand letter, which will include evidence to support the damages you're seeking. Your lawyer should only give the relevant medical documents to your insurance company. They might ask you to grant them permission to access your entire medical record. This is not in your best interests as it could reveal past injuries that aren't related to the present claim. Reports of Police Every time a police official responds to a request for help, including an accident, he or she makes a police report. While they cannot be used in a court of law (they are deemed to be hearsay), they provide valuable information to attorneys when they are researching and preparing cases. A police report gives an impartial account of the accident from the witness' testimony as well as the officer's observations of the weather conditions, the drivers, and other aspects. It's a crucial evidence piece that can assist you in winning your car accident lawsuit against the defendant. You can typically request a copy of the records from the precinct responsible for the investigation. Call their emergency line and provide an original receipt or an incident number as proof of identification. You can request copies of your police report on the police department's website. You'll have to file a lawsuit against the driver at fault when your medical bills, lost wages, and damages to property reach the amount of. The police report is an important tool in settlement negotiations, especially in cases where you can prove other driver's negligence in the light of observations made by the officer. Many cases end up reaching a settlement without ever going to trial. It can take time to complete the steps before trial and your lawsuit might not be resolved for a year or more. Insurance Company Negotiations Once an adjuster has all the data they require from you, and the investigation into the car accident, they will extend an offer for settlement. They will put all the facts and details into a computer program to make their initial offer. Most likely, they will make a less than the amount you calculated based on your research. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers. They'll want to limit the amount they'll have to pay for your medical expenses and other damages. You can counter by highlighting the ways in which your injuries could affect your life in the near future. For example, you can point to your mounting medical bills, your decreased earning capacity, and the emotional and physical suffering you're going through. Your lawyer or you create a demand letter and send it to the insurance company. The letter should include all the evidence you've gathered such as witness statements and photos of your injuries. Additionally, you should create an inventory of non-negotiables in order to keep the insurance company from undervaluing your claim. Once you have reached an agreement and ratified, it will be included in an agreement to settle in writing. Negotiations are often a back and forth affair, but remaining patient will help you achieve a fair settlement. Legal Advice Discovery is the next stage of the lawsuit, in which both parties exchange information and evidence. Parties can request medical records, police reports and witness statements. The parties will also exchange interrogatories which are written inquiries that have to be answered under an oath within the time limit. Your attorney will also write down the extent of the physical mental, emotional, or psychological injuries you've suffered, as well as any other damages which could be sought, like the current and anticipated medical expenses or property damage, as well as lost wages. Your lawyer will talk to other experts, such as mechanics, medical professionals and engineers. These experts can assist the jury get a clear picture of the injuries and accidents you sustained. Finally, your attorney will begin negotiations with insurance companies in order to try to settle your claim without a trial. If auto accident law firm louisiana is willing to offer you an unsatisfactory settlement or does not take your injuries and other damages into consideration the case will be heard at trial. It is vital that victims file a lawsuit promptly, even if only a handful of cases will ever make it to court. Memory fades, witnesses pass away, and evidence can be lost in time making it more difficult to make a strong case for maximum compensation. It is also important to adhere to your state's statute of limitations which can vary between 1 and 6 years.