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Phases of an Auto Accident Lawsuit Medical bills, property damage and lost wages can be significant following a car accident. An experienced attorney can help you get the compensation you require. The procedure is different from case to case but generally, it begins with filing a complaint. Then comes the discovery phase and trial, as well as any appeals. Medical Records Medical records are an essential element of any auto accident lawsuit. They can assist the jury or judge know the effects of the injury on your life. This includes the emotional, financial, and physical costs. Insurance companies will have a hard time to argue with the information provided by medical records. In accordance with the laws of your state and the policy of your doctor depending on your state's laws and your doctor's policy, you could have the time to request medical records from healthcare providers. You should consult your lawyer as soon following an accident as you can. Health Information Portability and Accountability Act, or HIPAA ensures that you have the right to access these records. However, this doesn't mean that only you or your lawyer are able to access your medical records. Insurance companies constantly look for evidence that suggests your injuries may not be as serious as you claim or that you have a pre-existing condition. Your lawyer will use the medical information you provide to draft the letter of demand, which will include evidence to support the damages you seek. It is important that your lawyer only provides relevant medical documents to the insurance company since they might ask you to sign an authorization that permits them to access all of your medical records. This is not in the best interest of your claim as it may expose past injuries that are not relevant to the claim. Reports of Police Each time a police officer responds to a request for help, including an accident, he or she prepares a police report. Although they are not admissible in the courts of law (they are deemed to be hearsay) they can provide valuable information for attorneys who are investigating and preparing cases. A police report provides an objective account of the accident that is based on the witness testimony of the officer and his observations regarding the weather conditions, drivers, and other elements. auto accident attorney huntington beach is a crucial piece of evidence that could aid you in winning a car accident lawsuit. Typically, you can request a copy of your police report from the local police department that handled the investigation by calling their emergency number and supplying a receipt or incident number to identify the report. You can request copies of your police report through the department's website. When your medical bills, property damage and lost wages are at a certain amount, you will need to file a lawsuit against the driver at fault. The police report can be an effective tool for settlement negotiations, especially if you can prove the other driver's fault through the observations of the officer. Many cases are settled without having to go to trial. It may take some time to complete the pre-trial procedures and your case might not be resolved for a year or more. Insurance Company Negotiations Once an adjuster has all the data they require from you as well as the car accident investigation They will then extend a settlement offer. They will enter all the information and facts into a computer program to create their initial offer. Most likely, they will come up with a much lower number than you calculated based on your research. It's important to remember that insurance companies have their own financial concerns in mind when they make settlement offers. They'll want to limit the amount they'll need to pay for your medical bills and other damages. You can counter by highlighting the ways in which your injuries will impact your life going forward. For instance, you could you can highlight the mounting medical bills and your lost earning potential, as as the physical and mental suffering you're experiencing. Your attorney or you will then draft the letter of demand and present it to an insurer. This letter will include all the evidence you've gathered, including witness statements and photos of your injuries. Also, you will create an outline of the things you will not negotiate to stop the insurance company from undervaluing your claim. Once an agreement has been reached, the written settlement agreement will reflect it. Negotiations are usually back and forth affair, but remaining patient will aid in achieving a fair settlement. Legal Advice Discovery is the next stage of the lawsuit in which the parties exchange information and evidence. The parties can seek medical records, police reports and witness statements. The parties may also exchange interrogatories that are written questions which must be answered under oath within a certain time. Additionally, your attorney will document the extent of your physical emotional and psychological injuries and any other damages you may seek compensation for that are incurred, such as future medical costs, property damage, and lost wages. Your lawyer will speak with other experts, such as mechanics, medical professionals and engineers. These experts can assist the jury get a clear picture of your injuries and the accident. Your lawyer will then begin discussions with the insurance companies to settle your case without trial. If the insurance company is unable to offer you an acceptable settlement or does not consider your injuries and other damages, your case will likely be heard in court. It is essential that victims file a lawsuit as soon as possible even though very few cases get to court. Over time memories fade, witnesses pass away, and evidence disappears which makes it more difficult to file a convincing claim for the most compensation. Plus, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.