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Phases of an Auto Accident Lawsuit Car crash injuries could result in significant medical bills along with property damage and lost wages. An experienced attorney can assist you in receiving the justice you deserve. The process can vary from case-to-case, but typically, it starts with the filing of an action. Then comes the discovery phase and trial, as well as any appeals. Medical Records Medical records are an essential element in any auto accident lawsuit. They will aid the judge or jury comprehend how the accident affected your life, including the emotional, physical and financial burdens of your injuries. Insurance companies will find it difficult to challenge the narrative told by medical records. You may only have a specific amount of time, contingent on the laws of your state and the policies of your doctor to request medical records. This is the reason why you should consult with a lawyer immediately following an accident. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these medical records. However, this doesn't mean that you or your lawyer are the only ones who can examine your medical records. Insurance companies are always looking for any sign that could suggest that your injuries aren't as severe as you think or pre-existing. Your lawyer will use 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 must only provide the relevant medical records to your insurance company. They might require you to give them permission to access your entire medical record. This is not in the best interest of your claim because it could reveal past injuries not related to the claim. Reports of the Police Each time a police officer responds to a call for assistance, or an accident, he or she prepares a police report. Even though they aren't admissible in court (they are considered to be hearsay) They can provide valuable information to attorneys conducting an investigation and preparing an argument. A police report gives an independent account of the crash that is based on the witness' testimony and the officer's observations of the weather conditions, drivers, and other factors. It's an important evidence piece that can help you win your car accident lawsuit against the defendant. Typically, you can request a copy your police report from the police station that handled the investigation by calling their non-emergency number and supplying the receipt 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 suit against the driver responsible after your medical expenses or lost wages damages to property reach a certain value. The police report is an important tool in settlement negotiations, particularly if you can prove the other driver's responsibility from the evidence provided by the officer. Many cases are settled without going to trial. It can take time to complete the pre-trial procedures and your case may not be resolved for a year or more. Insurance Company Negotiations Once an adjuster has all the details they require from you as well as the investigation into the car accident, they will extend an offer of settlement. To create their initial offer, they'll input all the information and details into an online program. They'll probably arrive at a figure which is lower than what you calculated based on your study. When insurance companies make settlement offers, they've got their own financial interests in the back of their heads. They'll want to reduce the amount they'll need pay for your medical bills and other damage. You can counter by pointing out the ways in which your injuries will negatively impact your life in the near future. For instance, you could, point out your mounting medical bills and lost earnings potential, as well as the physical and mental suffering you're experiencing. auto accident attorney colorado springs or you will then draft the letter of demand and submit it to an insurance company. This should include all the evidence you have gathered, including witness statements, photos of your injuries, and any evidence to support your losses. You will also create an outline of the things you will not negotiate to keep the insurance company from undervaluing your claim. If an agreement is reached and ratified, it will be included in an agreement to settle in writing. Negotiations often involve back and forth, but perseverance will ensure a fair settlement. Legal Advice Discovery is the next stage of the lawsuit, during which the parties exchange information and evidence. The parties may seek medical documents, police reports or witness statements. They may also send the other interrogatories (written questions that have to be completed under oath at the end of the specified time). In addition, your attorney will document the extent of your physical emotional and psychological injuries and the additional damages you might seek compensation for, including existing and projected future medical expenses, property damage and lost wages. Your lawyer will also speak with experts such as medical professionals as well as mechanics and engineers. They will help paint a the vivid picture of the crash and your injuries for the jury. Your lawyer will then start negotiations with the insurance companies to resolve your case with no trial. If the insurance company does not provide you with an acceptable settlement or doesn't take into consideration your injuries and other damages your case will likely be heard in court. While only a few cases go to trial it is crucial for victims to file a lawsuit as soon as is possible. As time passes memories fade, witnesses die and evidence is lost, making it more difficult to make a strong claim for the most compensation. Plus, you must comply with the statute of limitations in your state, which could vary from 1 to 6 years.