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Phases of an Auto Accident Lawsuit Medical bills property damage and lost wages may be substantial following an auto accident A knowledgeable attorney can assist you in receiving the amount you are due The process is different from casetocase but generally starts by filing a complaint The discovery phase trial and appeals follow Medical Records Medical records are an essential part of any auto accident lawsuit They can help jurors or judges to comprehend the impact of the injury on your life auto accident law firm south bend includes the financial emotional and physical costs Insurance companies will find it difficult to refute the story portrayed by medical records According to the laws of your state and your doctors policy depending on your states laws and your doctors policy you could have limited time to request medical records from healthcare providers You should speak with your lawyer as soon following an accident as possible The law guarantees access to these documents through the Health Information Portability and Accountability Act HIPAA However this does not mean that you or your lawyer are the only ones to examine your medical records Insurance companies are always looking for any sign that could suggest that your injuries arent as severe as you think or that you have a preexisting condition Your lawyer will utilize the medical records you provide to draft the letter of demand which will include evidence to support the damages you are seeking It is crucial that your lawyer only provides relevant medical documents to the insurance company because they could ask you to sign a medical authorization that permits them to access all your medical records This is not in the best interest of your claim because it could expose past injuries that are not relevant to this claim Police Reports Police reports are produced each time a police officer responds to an emergency call for example car accidents While they cannot be used 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 which is based on the witnesses testimony of the officer and his observations of the weather conditions drivers and other aspects Its an important piece of evidence that can help you win an auto accident lawsuit Typically you can request a copy your police report from the police station that handled the investigation by calling their emergency number and supplying an invoice or incident number to identify the report You can request copies of the report on the police departments website When your medical bills and property damage as well as lost wages exceed a certain amount youll need to file a lawsuit against the driver who is at fault The police report can be an effective tool for settlement negotiations especially if you can prove the other drivers responsibility based on observations made by the officer Many cases are settled without going to trial It can take time to work through the pretrial steps and your case might not be resolved for a long time Insurance Company Negotiations Once an adjuster has all the details they require from you as well as the investigation into the accident and investigation they will make a settlement offer To make their first offer they will enter all the information and details into a computer program Theyll probably come up with a number thats much lower than what you calculated from your investigation Its important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers They will seek to limit the amount they will have to pay for medical bills and other damages You can fight back by pointing out the many ways that your injuries will affect your life in the coming years For instance you could refer to your rising medical bills your lost earning capacity and the physical and emotional suffering youre experiencing You or your lawyer will create a demand letter and send it to the insurer This will include all the evidence youve collected and include witness statements photos of your injuries as well as any evidence to support your losses You will also create a list of the nonnegotiables that will prevent the insurance company from undervaluing your claim If an agreement is reached it will be documented in the form of a written settlement agreement Negotiations often involve back and forth process but remaining patient will assist you in negotiating a fair settlement Legal Advice The next stage of the car accident lawsuit is discovery During this process 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 must be answered under the oath within a specified time Additionally your attorney will document the extent of your physical emotional and psychological injuries in addition to the other damages you may be seeking to recover that are incurred such as future medical expenses property damage and lost wages Your lawyer will talk to other experts like mechanics medical specialists and engineers They will help paint a an appealing picture of your crash and your injuries for the jury Your lawyer will begin discussions with insurance companies to try to settle your claim with out a trial However if the insurance company is willing to offer you a small settlement or fails to take your injuries and other damages into consideration the case could go to trial Although few cases actually go to trial it is essential for victims to begin a lawsuit as soon as possible Over time memories fade witnesses die and evidence is lost and makes it harder to file a convincing claim for the highest amount of compensation In addition you must abide with the statute of limitations in your state which could be anywhere from one to six years