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Phases of an Auto Accident Lawsuit Medical bills, property damage and lost wages could be significant after a car accident. An experienced lawyer can assist you get the compensation you need. The process may differ from case to case, but generally it starts with the filing of an accusation. 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 assist jurors or judges comprehend how the accident had an impact on your life, including the physical, emotional and financial consequences of your injuries. Medical records will also tell an insurance company a story they will have a hard to dispute. In accordance with the laws of your state and your doctor's policy You may be granted only a short amount of time to request medical records from healthcare providers. You should speak with your lawyer as soon following an accident as possible. The law protects your access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that only you or your attorney can see your medical records. Insurance companies are often keen to uncover anything that could suggest that your injuries are pre-existing or not as severe as you think. Your lawyer will utilize your medical records to draft a demand letter, which will include evidence to support the damages you're seeking. Your lawyer must only provide the relevant medical documents to your insurance company. They might ask you to authorize them to access your complete medical record. This is not in your best interests since it could reveal previous injuries that are not related to the current claim. Police Reports Every time a police official responds to a request for assistance, or an accident, he or she prepares a police report. Even though they're not admissible in court (they are considered to be hearsay) They can provide valuable information to attorneys when investigating an accident and creating an argument. A police report provides an objective report of what transpired in the accident, based on witnesses' testimonies and the officer's observations about the vehicle's damage, weather conditions, drivers, and so on. It's an important piece of evidence that can assist you in winning your car accident lawsuit against the defendant. You can usually request a copy from the precinct that was responsible for the investigation. Contact their non-emergency number and provide an invoice or an incident number as identification. You can also request copies of records on the police department's website. When your medical bills as well as property damage and lost wages reach a certain amount, you will need to start a lawsuit against the driver who is at fault. The police report can be an effective tool for settlement negotiations, particularly in cases where you can prove other driver's negligence through the observations of the officer. A lot of cases are settled without having to go to trial. The process of preparing for trial can be lengthy and your case might not be resolved until a year after you file it. Insurance Company Negotiations After the adjuster has all of the information they need from you and your vehicle accident investigation, they'll make a settlement offer. They will input all the facts and details into a computer program to generate their initial offer. Most likely, they will make a less than the amount you calculated from your investigation. When insurance companies offer settlement offers, they have their own financial interest in the back of their heads. They'll want to reduce the amount they'll need to pay for medical bills and other damages. You can fight back when you mention the negative effects your injuries could have on you and impact your life in the future. For example, you can draw attention to your increasing medical bills, your diminished earning capacity, and the emotional and physical pain you're going through. Your lawyer or you will create a demand letter and then present it to the insurer. This should include all the evidence you've gathered such as witness statements, photographs of your injuries as well as any documents supporting your losses. You'll also make a list of your non-negotiables, so you can deter the insurance company from negotiating with you. Once an agreement is reached and ratified, it will be included in the form of a written settlement agreement. It's normal for a back-andforth to occur during the negotiation process, but remaining calm will allow you to reach an equitable settlement. Legal Advice Discovery is the next phase of the lawsuit in which both parties exchange information and evidence. Parties can request medical records and police reports and witness statements. They may also send each other interrogatories (written questions that have to be answered under oath before the deadline). Additionally your attorney will provide documentation of the extent of your physical emotional and mental injuries and any other damages you may seek to compensate for that are incurred, such as future medical costs, property damage, and lost wages. Your lawyer will consult with other experts, such as mechanics, medical professionals and engineers. These experts can assist the jury get an accurate picture of your injuries and accident. Finally, your attorney will begin discussions with insurance companies to try to settle your claim without trial. However, if the insurance company provides you with a low settlement or does not take your injury and other damages into consideration the case could proceed to trial. It is important that victims file a lawsuit immediately, even if only a handful of cases are heard in court. Over auto accident lawyer syracuse , memories fade, witnesses pass away and evidence is lost and it becomes more difficult to present a compelling case to receive the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which can range from 1 to 6 years.