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Phases of an Auto Accident Lawsuit Damage to property, medical bills and lost wages could be substantial following an accident. An experienced attorney can help to get the compensation you require. The process can vary depending on the case, but generally it starts with the filing of a complaint. The discovery phase, trial and appeals follow. Medical Records Medical records are an essential element in any auto accident lawsuit. They will help a judge or jury know the effects of the accident on your life. This includes the financial, emotional physical and emotional costs. Insurance companies will have a hard time to argue with the information provided by medical records. You may only have a certain amount of time, depending on the laws of your state and the policy of your doctor, to obtain medical records. Consult with your lawyer as soon after an accident as possible. The law safeguards your access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this does not mean that you or your lawyer are the only ones able to look over your medical records. Insurance companies are always looking for any sign that could indicate your injuries might not be as severe as you think or pre-existing. Your lawyer will utilize the medical records you provide to draft the letter of demand, which will include evidence to support the damages you want. It is crucial that your lawyer only send relevant medical documents to the insurance company because they could ask you to sign an authorization that permits them to access all your medical records. This is not in your best interest because it could reveal prior injuries that aren't directly related to the current claim. Reports of the Police When a police officer responds to a request for assistance, or an accident, he or she makes a police report. Although they're not admissible in court (they are deemed to be hearsay), they do provide invaluable information to attorneys investigating an incident and preparing cases. A police report gives an objective account of the incident that is based on the witness' testimony and the officer's observations of the weather conditions, drivers, and other factors. It is an important piece of evidence that can aid you in winning your lawsuit for car accidents against the defendant. You can usually request a copy of the records from the precinct who handled the investigation. Call their non-emergency phone number and provide an invoice or an incident number to prove your identity. The police department might also have a website where you can request copies online. When your medical bills and property damage as well as lost wages are at an amount that is a certain amount, you will need to make a claim against the driver who is at fault. The police report is an important tool in settlement negotiations, especially when you can prove the other driver's fault from the evidence provided by the officer. However, many cases reach a settlement without ever going to trial. It can take a while to work through the steps before trial and your case might not be resolved for a long time. Insurance Company Negotiations Once the adjuster has all of the information he needs from you and your car accident investigation, they'll make a settlement offer. They will input all the information and facts into a software program to generate their initial offer. They will most likely come up with a number that is much lower than the one you calculated based on your study. It's important to remember that insurance companies have their own financial interests in mind when deciding on settlement offers. They will be looking to reduce the amount they are required to pay for medical bills and other damages. You can counter by pointing out all the ways that your injuries will affect your life going forward. For instance, you could mention your increasing medical bills, your diminished earnings potential, as well as the physical and mental suffering you are experiencing. Your lawyer or you will prepare a demand form and send it to the insurance company. This will include all the evidence you have gathered, including statements from witnesses, photographs of your injuries, and any evidence to support your losses. You should also make an outline of the things you will not negotiate to ensure that the insurance company is not undervaluing your claim. When an agreement has been reached the written settlement agreement will reflect it. It's common for a back-and-forth to take place during these negotiations, but remaining calm will allow you to reach an equitable settlement. Legal Advice The next step in a car lawsuit involving an accident is discovery, where both sides exchange information as well as evidence. Parties can request medical records, police reports and witness statements. They will also provide the other interrogatories (written questions that must be answered under oath by the end of a specified time). Your attorney will also document the extent of the physical mental, emotional, or psychological traumas you've suffered as well as any other damages that could be sought, like the current and anticipated medical expenses or property damage, as well as lost wages. Your lawyer will also consult with experts like medical specialists mechanics, engineers, and mechanics. These experts can help the jury get a clear picture of your injuries and accident. Finally, auto accident attorney miami will begin negotiations with insurance companies to try to settle your claim without trial. If the insurance company does not offer a fair settlement, or does not take into account your injuries and other damages your case is likely to go to trial. Although few cases actually go to trial, it is vital for the victims to start a lawsuit as quickly as they can. With time, memories fade, witnesses die and evidence is lost and it becomes more difficult to make a strong claim for the highest amount of compensation. You must also follow the statute of limitations in your state that can range from 1 to 6 year.