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Phases of an Auto Accident Lawsuit Car crash injuries can result in significant medical bills along with property damage and lost wages. An experienced lawyer can help to get the compensation you require. The process may differ depending on the case, but generally, it starts with the filing of an action. The discovery phase, trial and appeals are the next step. Medical Records Medical records are an important element of any auto accident lawsuit. They will aid a jury or judge determine how the accident has affected your life, including the physical, emotional and financial costs of your injuries. Insurance companies will find it difficult to challenge the narrative told by medical records. You may only have a specific period of time, based on the laws in your state and the policies of your doctor to obtain medical records. This is the reason you should contact your lawyer whenever you can after an accident. Health Information Portability and Accountability Act or HIPAA, protects your right to access these records. However, this does not mean that only you or your lawyer will be able to examine your medical records. Insurance companies will often try to discover anything that may indicate that your injuries were not pre-existing or not as severe as you claim. Your lawyer will make use of your medical records to create a demand letter which will include evidence to justify the damages you're seeking. It is crucial that your lawyer only provide relevant medical records to the insurance company, since they might ask you to sign a medical authorization that permits them to access all of your medical records. This is not in your best interest as it could reveal past injuries that aren't directly related to the current claim. Police Reports Every time a police official responds to a request for help, which could include an accident, he makes a police report. While they're not admissible in court (they are considered hearsay) they can provide important information to attorneys when investigating an accident and creating the case. A police report is an objective account of the accident that is based on the witness' testimony and the officer's observations regarding the weather conditions, drivers, and other factors. It is a significant piece of evidence that can help you win your lawsuit for car accidents against the defendant. Usually, you can request a copy of your police report from the police station that handled the investigation by calling their non-emergency phone number and providing the receipt or incident number to identify the report. You can request copies of the report on the police department's website. You will need to file a lawsuit against the driver who was at fault once your medical bills along with lost wages and property damage exceed an amount. The police report is a valuable tool in settlement negotiations, particularly in cases where you can prove other driver's negligence through the observations of the officer. auto accident lawsuit troy are settled without having to go to trial. It could take a long time to work through the steps before trial and your case could not be resolved for a long time. Insurance Company Negotiations Once the adjuster has all of the information they need from you and your car accident investigation, they will make a settlement offer. To generate their first offer, they will enter all the details and facts into an online program. They will most likely arrive at a figure which is lower than what you calculated based on your research. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers. They'll want to reduce the amount they have to pay for your medical bills and other damages. You can fight back when you point out how your injuries will negatively impact your life in the coming years. For example, you can refer to your rising medical bills, your decreased earning capacity, and the physical and emotional suffering you're going through. Your lawyer or attorney will prepare a demand form and then present it to the insurer. The letter should contain all of the evidence that you have gathered including witness statements and photos of your injuries. Also, you will create a list of non-negotiables to stop the insurance company from undervaluing your claim. When an agreement has been reached and the written settlement contract will reflect it. Negotiations are often a back and forth affair, but perseverance will ensure a fair settlement. Legal Advice The next stage in the car accident lawsuit is discovery, during which both parties exchange information and evidence. Parties may request medical records, police reports as well as witness statements. They will also provide another interrogatories (written questions to be answered under oath before the end of a specified time). Your attorney will also record the severity of the physical, emotional, and psychological injuries you've suffered, as well as any other damages that might be sought, like current and projected medical expenses or property damage, as well as lost wages. Your lawyer will speak with other experts, like mechanics, medical experts and engineers. These experts can assist the jury to get a clear picture of your injuries and the accident. Your attorney will then start discussions with the insurance companies in order to settle your case without a trial. If the insurance company fails to offer you an equitable settlement or does not consider your injuries and other losses, your case will likely go to trial. While a small number of cases do go to trial it is essential for victims to begin a lawsuit as soon as is possible. With time, memories fade, witnesses die and evidence is lost and it becomes more difficult to make a strong claim to receive the maximum amount of compensation. You must also follow the statute of limitations in your state that can range between 1 and 6 years.