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Phases of an Auto Accident Lawsuit Car accident injuries can lead to significant medical bills, property damage and lost wages. An experienced lawyer can help you in getting the amount you are due. The process can vary from case-to-case, but generally it starts with the filing of an action. This is followed by the discovery phase trial, and any appeals. Medical Records Medical records are an essential component of any auto crash case. They will help the judge or jury to know how the injury impacted your life, including the physical, emotional and financial consequences of your injuries. Insurance companies will find it difficult to dispute the story told by medical records. Based on the laws of your state and the policies of your doctor depending on your state's laws and your doctor's policy, you could have a limited amount of time to request medical documents from healthcare providers. This is why you should consult with a lawyer as soon as you can after an accident. The law protects your access to these records through the Health Information Portability and Accountability Act (HIPAA). This doesn't mean you or your lawyer are the only ones who can view your medical records. Insurance companies are always looking for anything that might suggest that your injuries aren't as severe as you claim or that you have a pre-existing condition. Your lawyer will use your medical records in order to draft a demand letter, which will contain evidence to support the damages you are seeking. Your lawyer must only provide the relevant medical records to your insurance company. auto accident attorneys pawtucket may request you to allow them to access your entire medical record. This is not in your best interests since it could expose past injuries that aren't connected to the current claim. Reports of the Police Police reports are generated each time a police officer responds to an emergency call, including car accidents. Although they are not admissible in a court of law (they are considered to be hearsay), they provide valuable information to attorneys when they are investigating and preparing cases. A police report provides an objective account of what happened in the crash, based on witness statements and observations regarding the damage to the vehicle, weather conditions, drivers and more. It is a significant evidence piece that can aid you in winning your lawsuit for car accidents against the defendant. You can typically request a copy of the records from the police precinct that handled the investigation. Contact their non-emergency number and provide the receipt or incident number as proof of identification. The police department may have a website on which you can request copies online. You'll need to file a lawsuit against the driver at fault after your medical expenses, lost wages, and damages to property reach the amount of. The police report can prove to be a helpful tool in settlement negotiations, particularly if you can prove that the other driver was at blame based on the officer's observations. However, many cases reach an agreement without ever going to trial. It can take time to complete the pre-trial procedures and your lawsuit might not be resolved for a long time. Insurance Company Negotiations After the adjuster has all the details they require from you and your car accident investigation, they'll make an offer to settle. To make their first offer, they'll input all the details and facts into the computer program. They'll probably come up with a number that is much lower than the one you calculated from your investigation. When insurance companies make settlement offers, they've got their own financial interests in their minds. They will want to limit how much they pay in medical bills and other damages. You can fight back if you highlight the negative effects your injuries could have on you and impact your life in the coming years. For instance, you could, point out your mounting medical bills and lost earning potential, as in the mental and physical pain you're experiencing. Your attorney or you will prepare the letter of demand and then present it to an insurer. The letter should contain all the evidence you've gathered, including witness statements and photos of your injuries. You'll also make an inventory of your non-negotiables, so you can keep the insurance company from undercutting you. When an agreement is reached, it will be reflected in a written settlement agreement. It's normal for a back-andforth to occur during these negotiations, but remaining patient will help you reach a fair settlement. Legal Advice The next stage in the car accident lawsuit is discovery, where both sides exchange information and evidence. Parties can seek medical documents, police reports or witness statements. The parties may also exchange interrogatories that are written questions which have to be answered on an oath within certain times. Your attorney will also write down the severity of the physical psychological, emotional, and physical injuries you've sustained, and any other damages that could be sought out, such as the current and anticipated medical expenses, property damage, and lost wages. Your lawyer will also speak with experts like medical specialists mechanics, engineers and mechanics. These experts can assist the jury get an accurate picture of your injuries and the accident. Your lawyer will then begin negotiations with insurance companies to resolve your case without trial. However, if the insurance company provides you with a low settlement or fails to take your injuries and other damages into consideration your case is likely to proceed to trial. Although few cases actually go to trial, it is important for victims to file a lawsuit as soon as possible. As time passes memories fade, witnesses die and evidence is lost and makes it harder to establish a solid claim to receive the maximum amount of compensation. You must also follow your state's statute of limitations which can vary between 1 and 6 years.