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Phases of an Auto Accident Lawsuit Damage to property, medical bills and lost wages can be substantial after an accident. An experienced attorney can assist you in receiving the justice you deserve. The process can vary from case to case but usually starts with the filing of the complaint. The discovery phase, trial, and appeals are the next step. Medical Records Medical records are an essential component of any auto crash case. They can assist a judge or jury know the effects of the injury on your life. This includes the emotional, financial physical, and emotional expenses. Medical records will also provide an account that insurance companies will have a difficult time disputing. According to the laws of your state and the policies of your doctor depending on your state's laws and your doctor's policy, you could have limited time to request medical records from healthcare providers. This is the reason you should contact your lawyer immediately after an accident. The law guarantees access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer will be able to examine your medical records. Insurance companies are generally keen to discover anything that may indicate that your injuries were not pre-existing or not so severe as you say. Your lawyer will use the medical records you provide to draft a letter of demand that includes evidence to justify the damages you're seeking. It is crucial that your lawyer only send relevant medical documents to the insurance company, as they may request you to sign a medical authorization that allows them to access all of your medical records. This is not in your best interest since it could reveal previous injuries that aren't directly related to the present claim. Police Reports Police reports are generated every time a law enforcement officer responds to an emergency and also car accidents. Although they are not admissible in the courts of law (they are considered to be hearsay) they can provide valuable information to attorneys when they are researching and preparing cases. A police report is an objective view of what transpired in the accident, based on witness testimony and observations by the officer regarding the damage to the vehicles and weather conditions, drivers and more. It is an important piece of evidence that can assist 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 emergency line and provide a receipt or an incident number as identification. You can also request copies of records through the department's website. If auto accident lawsuit naperville , property damage and lost wages exceed the amount of a certain amount, then you'll need to make a claim against the driver who is at fault. The police report can prove to be a helpful tool during settlement negotiations, especially when you can demonstrate that the other driver was largely at fault, based on an officer's observations. Many cases are settled without having to go to trial. Pre-trial proceedings can be lengthy and your case may not be resolved until a year after filing it. Insurance Company Negotiations Once an adjuster has all the data they require from you as well as the investigation into the accident and investigation, they will make an offer for settlement. To generate their first offer, they will enter all the information and details into the computer program. Most likely, they will produce a significantly smaller amount than you anticipated from your study. When insurance companies offer settlement offers, they have their own financial interest in mind. They'll want to limit the amount they'll have to pay for your medical expenses and other damage. You can fight back if you highlight the negative effects your injuries could have on you and impact your life in the future. For instance, you can you can highlight the mounting medical bills, your diminished earnings potential, as well in the mental and physical suffering you are experiencing. Your attorney or you create an official demand letter and submit it to an insurance company. This letter should include all the evidence you have gathered including witness statements and photos of your injuries. You will also create a list of non-negotiables to prevent the insurance company from undervaluing your claim. Once an agreement has been reached the written settlement agreement will reflect it. It's common for a back-and-forth to occur during the negotiation process, but remaining patient will help you achieve an acceptable settlement. Legal Advice Discovery is the next stage of the lawsuit, during which the parties exchange information and evidence. The parties can request medical records, police reports, and witness statements. They will also provide any additional interrogatories (written questions to be answered under oath by end of the specified time). In addition your lawyer will record the extent of your physical emotional and mental injuries in addition to the other damages you may seek compensation for in the future, including current and future medical costs, property damage, and lost wages. Your lawyer will also consult with experts such as medical professionals, mechanics and engineers. These experts can assist the jury to get an accurate picture of the injuries and accidents you sustained. Your attorney will then start discussions with the insurance companies to settle your case without a trial. However, if the insurance company provides you with a small settlement or fails to take your injuries and other damages into consideration the case will proceed to trial. While only a few cases get to trial, it is crucial for victims to begin a lawsuit as soon as is possible. Memory fades, witnesses die and evidence can disappear in time and make it difficult to present a convincing case for the maximum amount of compensation. You must also comply with the statute of limitations for your state which can vary from 1 to 6 year.