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Phases of an Auto Accident Lawsuit Car accident injuries can result in significant medical bills, property damage, and even lost wages. An experienced lawyer can assist you in obtaining the justice you deserve. The procedure is different depending on the case, but generally, it begins with filing an action. The discovery phase, trial, and any appeals follow. Medical Records Medical records are a vital element in any auto accident case. They can help the judge or jury to understand how the injury has affected your life, including the emotional, physical and financial consequences of your injuries. Insurance companies will find it difficult to dispute the story told by medical records. You might only have a limited period of time, based on the laws in your state and the policy of your doctor to request medical records. This is why you should discuss your legal needs as soon as you can following an accident. Health Information Portability and Accountability Act or HIPAA guarantees your right to access these documents. But, this doesn't mean that only you or your lawyer will be able to examine your medical records. Insurance companies are often keen to find anything that might suggest your injuries were pre-existing or not as severe as you think. Your lawyer will use the medical records that you supply to write the letter of demand that will include evidence in support of the damages you are seeking. It is imperative to ensure that your lawyer provides relevant medical documents to the insurance company, as they may request you to sign an authorization that permits them to access all of your medical records. This is not in your best interests since it could reveal previous injuries that aren't directly related to the current claim. Police Reports Every time a police official responds to a call for assistance, or an accident, he produces a report. Although they aren't admissible in a court of law (they are considered to be hearsay) They are a valuable source of information for attorneys who are conducting investigations and preparing cases. A police report is an objective account of the accident, based on the witness' testimony as well as the officer's observations of the weather conditions, drivers, and other factors. It is an important piece of evidence which can aid you in winning a car accident lawsuit. You can typically request a copy of the records from the precinct that was responsible for the investigation. Call their non-emergency line and provide an invoice or an incident number as proof of identification. The police department might also have a website on which you can request copies online. When your medical bills as well as property damage and lost wages are at a certain amount, you'll have to make a claim against the driver who is at fault. The police report can be an effective tool for settlement negotiations, especially in cases where you can prove other driver's responsibility in the light of observations made by the officer. But, many cases settle an agreement without ever going to trial. It could take a long time to go through the pre-trial steps and your case may not be resolved for a year or more. Insurance Company Negotiations Once an adjuster has all of the information they need from you and the investigation of the car accident is complete, they will offer a settlement offer. To generate their first offer, they'll input all the information and details into the computer program. They'll likely produce a number 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 deciding on settlement offers. They'll want to reduce the amount they'll need pay for your medical bills and other damage. You can fight back when you mention the way your injuries will affect your life in future. For instance, you could highlight your growing medical bills and your lost earnings potential, as well as the physical and mental suffering you're experiencing. Your lawyer or you then draft a demand letter and then present it to the insurer. This should include all the evidence you've collected and include witness statements, photographs of your injuries, as well as documents that support your losses. Also, you will create a list of the non-negotiables that will stop the insurance company from undervaluing your claim. When an agreement has been reached, the written settlement agreement will reflect it. auto accident attorneys stockton are usually back and forth, however being patient can assist you in negotiating an equitable settlement. Legal Advice Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. The parties can request medical documents, police reports or witness statements. The parties can also exchange interrogatories, which are written questions that have to be answered under the oath within a specified time. Additionally, your attorney will document the extent of your physical emotional and psychological traumas in addition to the other damages you might be seeking to recover that are incurred, such as future medical costs, property damage, and lost wages. Your lawyer will also consult with experts like medical specialists mechanics, engineers and mechanics. These experts can assist the jury get a clear picture of the injuries and accidents you sustained. Finally, your attorney will begin discussions with insurance companies to attempt to settle your claim without trial. If the insurance company offers a small settlement or does not take your injuries and other damages into consideration, your case will likely progress to trial. Although few cases actually get to trial, it is vital for the victims to start a lawsuit as quickly as possible. The memories fade, witnesses pass away, and evidence can be lost as time passes and it becomes difficult to build a strong case for the maximum amount of compensation. Additionally, you must comply with the statute of limitations in your state, which can vary from 1 to 6 years.