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Phases of an Auto Accident Lawsuit Medical bills, property damage and lost wages may be significant after an accident in the car. An experienced lawyer can assist you in obtaining the compensation you deserve. The process varies from case to case, but generally starts by filing an action. Then comes auto accident law firm idaho , and any appeals. Medical Records Medical records are a vital element of any auto accident case. They will assist jurors or judges determine the impact of the accident on your life. This includes the emotional, financial physical and emotional costs. Medical records will also provide the story that insurance companies will have a difficult to dispute. In accordance with the laws of your state and the policy of your doctor In some states, you'll have a limited amount of time to request medical records from healthcare providers. You should consult your lawyer as soon after an accident as you can. Health Information Portability and Accountability Act, or HIPAA, protects your right to access these medical records. However, this doesn't mean that you or your lawyer are the only ones who can access your medical records. Insurance companies are always looking for evidence that might suggest your injuries may not be as severe as you think or pre-existing. Your lawyer will utilize the medical records you provide to create the letter of demand, which will include evidence supporting the damages you seek. Your lawyer should only give the relevant medical records to your insurance company. They might request you to allow them to access your entire medical record. This is not in your best interests since it could reveal previous injuries that are not related to the present claim. Reports of the Police Police reports are generated every time a law enforcement officer responds to an emergency for example, car accidents. Although they aren't admissible in a court of law (they are considered to be hearsay) they can provide valuable information for attorneys when investigating and preparing cases. A police report provides an objective report of what happened during the accident, based on witnesses' statements and the officer's observations about the vehicle's damage, weather conditions, drivers and more. It is a crucial evidence that can help you win a lawsuit in a car accident. You can typically request a copy of the records from the police precinct that handled the investigation. Call their non-emergency line and provide an original receipt or an incident number as proof of identification. The police department may have a website on which you can request copies of records online. You will need to file a suit against the driver who was at fault once your medical bills or lost wages property damage have reached the amount of. The police report can be a valuable tool during settlement negotiations, particularly when you can demonstrate that the other driver was at fault based on the officer's observations. However, many cases reach an agreement without going to trial. The pre-trial process can be long and your case might not be resolved until a year after you file it. Insurance Company Negotiations When the adjuster has all of the details they require from you and your automobile accident investigation, they will make an offer to settle. They will put all the information and facts into a program that will generate their initial offer. Most likely, they will produce a significantly lower number than you calculated using your study. When insurance companies make settlement offers, they have their own financial interests in mind. They'll want to reduce the amount they'll have to pay for medical bills and other damage. You can fight back when you mention how your injuries will negatively impact your life in the coming years. For instance, you could draw attention to your increasing medical bills, your decreased earning potential, and the emotional and physical pain you're experiencing. Your lawyer or attorney will then prepare a demand letter and present it to the insurance company. It should include all the evidence you've gathered such as witness statements, photographs of your injuries and any documentation supporting your losses. You will also create an outline of the things you will not negotiate to prevent the insurance company from undervaluing your claim. When an agreement is reached, it will be reflected in a written settlement agreement. Negotiations often involve back and forth, however staying patient will aid in achieving a fair settlement. Legal Advice Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. Parties may seek medical records and police reports, and witness statements. They can also send another interrogatories (written questions that must be completed under oath at the expiration of a specific time). Additionally, your attorney will document the extent of your physical emotional and psychological traumas as well as the other damages that you could seek to compensate for such as current and anticipated future medical costs, property damage, and lost wages. Your lawyer will talk to other experts like mechanics, medical experts and engineers. These experts will help paint the vivid image of your crash and the injuries you sustained for the jury. Your lawyer will begin negotiations with insurance companies in order to try to settle your claim with out a trial. However, if the insurance company is willing to offer you a small settlement or does not take your injuries and other damages into consideration the case will progress to trial. Although few cases actually make it to trial, it is crucial for victims to start a lawsuit as quickly as they can. As time passes memories fade, witnesses die, and evidence disappears and it becomes more difficult to present a compelling case for maximum compensation. You must also follow the statute of limitations for your state which can range from 1 to 6 year.