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Phases of an Auto Accident Lawsuit Property damage, medical bills, and lost wages can be significant following a car accident. An experienced attorney can help you receive the compensation that you need. The process varies from case-to-case, however, it generally begins with filing a complaint. The discovery phase, trial and appeals follow. Medical Records Medical records are an essential element of any auto accident case. They will assist a judge or jury determine the impact of the injury on your life. This includes the emotional, financial, and physical costs. Insurance companies will find it difficult to dispute the story told by medical records. According to the laws of your state and the policy of your doctor, you may have a limited amount of time to request medical documents from healthcare providers. This is the reason why you should consult with a lawyer whenever you can following an accident. Health Information Portability and Accountability Act, or HIPAA, protects your right to access these records. This doesn't mean you or your lawyer are the only ones able to look over your medical records. Insurance companies are usually keen to find anything that might suggest your injuries were pre-existing or not as severe as you think. Your lawyer will make use of the medical records that you supply to write a letter of demand that will include evidence in support of the damages you're seeking. Your lawyer should only supply the relevant medical records to your insurance company. They may require you to give them permission to access your complete medical record. This is not beneficial to your claim as it may expose past injuries that are not relevant to this claim. Police Reports Every time a police officer responds to a call for help, such as an accident, he or she produces a report. Although they are not admissible in the courts of law (they are deemed to be hearsay) they are valuable information to attorneys in the process of investigating and preparing their cases. A police report is an objective report of what happened during the crash, based on witness statements and observations regarding the damage to the vehicle and weather conditions, drivers, and so on. It's an important piece of evidence that could aid in winning a lawsuit in a car accident. Usually, you can request a copy your police report from the precinct that was responsible for the investigation by calling their non-emergency phone number and providing an invoice or incident number to identify it. You can also request copies of police reports through the department's website. You'll need to file a lawsuit against the driver at fault once your medical bills, lost wages, and property damage reach an amount. The police report can be a useful tool in settlement negotiations, especially in cases where you can show that the other driver was largely at blame based on the officer's observations. However, many cases reach an agreement without ever going to trial. It could take a long time to complete the steps before trial and your case might not be resolved for a long time. Insurance Company Negotiations After the adjuster has all the information they require from you and your automobile accident investigation, he will make an offer for settlement. They will put all the facts and details into a computer program in order to make their initial offer. They will most likely come up with a number which is lower than what you calculated based on your investigation. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers. They'll want to limit the amount they have to pay for your medical bills and other damages. You can fight back if you mention the negative effects your injuries could have on you and impact your life in the future. For instance, you could highlight your growing medical bills, the loss of earning potential, and the emotional and physical suffering that you're currently experiencing. You or your attorney will then prepare the letter of demand and present it to an insurance company. The letter should contain all the evidence you have gathered including witnesses' statements and photographs of your injuries. You should also create an outline of your non-negotiables so you can prevent the insurance company from under-pricing you. Once you have reached an agreement the agreement will be recorded in an agreement for settlement in writing. auto accident attorneys fort smith for a back-and-forth to occur during these negotiations, but remaining calm will allow you to reach a fair settlement. Legal Advice The next phase in the car accident lawsuit is discovery. During this process, both sides exchange information as well as evidence. The parties can seek medical records, police reports and witness statements. They will also provide each other interrogatories (written questions that need to be answered under oath by the expiration of a specific time). In addition the attorney will also document the extent of your physical emotional and mental injuries as well as the other damages that you could seek compensation for in the future, including current and future medical expenses, property damage and lost wages. Your lawyer will speak with other experts, including mechanics, medical professionals, and engineers. These experts can help the jury to get a clear picture of the injuries and accidents you sustained. Your lawyer will then begin negotiations with insurance companies in order to settle your case without a trial. If the insurance company is unable to provide you with an acceptable settlement or does not take into account your injuries or other damages, your case is likely to be heard in court. It is vital that victims file a suit as soon as they can, even though few cases are heard in the courtroom. Memories fade, witnesses die and evidence can disappear over time making it more difficult to build a strong case for the maximum amount of compensation. You must also adhere to your state's statute of limitations which can vary from 1 to 6 year.

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