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Phases of an Auto Accident Lawsuit Car accident injuries can result in substantial medical bills, property damage and lost wages. A knowledgeable attorney can assist you in obtaining the financial amount of compensation you deserve. The process is different from case to case however, generally it starts with filing an action. The discovery phase, trial and any appeals follow. Medical Records Medical records are an essential part of any auto accident case. They will help the judge or jury know how the injury affected your life, as well as the emotional, physical and financial costs of your injuries. Insurance companies will be unable to challenge the narrative told by medical records. You may only have a specific amount of time, contingent on the laws in your state and the policy of your doctor, to request medical records. Consult with your lawyer as soon after an accident as you can. The law guarantees access to these documents through the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer will be able to see your medical records. Insurance companies are generally keen to discover anything that may suggest that your injuries are pre-existing or not as severe as you claim. Your lawyer will use your medical records in order to draft a demand letter, that will include evidence to justify the damages you seek. It is imperative that your lawyer only send relevant medical records to the insurance company since they might ask you to sign an authorization that permits them to access all your medical records. This is not in your best interests as it could reveal past injuries that aren't connected to the current claim. Police Reports Police reports are created every time a law enforcement officer responds to an emergency call and also car accidents. While they're not admissible in court (they are deemed to be hearsay) however, they provide important information to attorneys when conducting an investigation and preparing an argument. A police report is an objective report of what happened in the crash, based upon witness testimony and observations by the officer about the vehicle's damage the weather, the drivers and more. It's a vital piece of evidence that can aid you in winning an auto accident lawsuit. You can typically request a copy from the precinct that was responsible for the investigation. Call their emergency line and provide the receipt or incident number to prove your identity. The police department might also have a website on which you can request copies of your records online. You will need to file a suit against the person who caused the accident after your medical expenses or lost wages property damage exceed the amount of. The police report is an effective tool for settlement negotiations, especially when you can prove the other driver's fault based on observations made by the officer. However, many cases reach an agreement without ever going to trial. It can take a while to work through the steps before trial and your lawsuit might not be resolved for a year or more. Insurance Company Negotiations Once the adjuster has all of the information he needs from you and your vehicle accident investigation, he will make a settlement offer. They will then input all the facts and details into a program that will create their initial offer. They will most likely produce a number that is much lower than the one you calculated based on your study. When insurance companies offer settlement offers, they've got their own financial interest in their minds. They'll want to reduce the amount they'll need pay for medical expenses and other damages. You can counter by highlighting the many ways that your injuries will affect your life in the coming years. For instance, you can draw attention to your increasing medical bills, your diminished earning capacity, and the emotional and physical suffering you're suffering. Your lawyer or you will then draft a demand letter and submit it to the insurance company. This letter will include all of the evidence that you've gathered, including witnesses' statements and photographs of your injuries. You'll also prepare an outline of your non-negotiables to ensure you can deter the insurance company from negotiating with you. When an agreement has been reached and the written settlement contract will reflect it. It's normal for a back and forth to take place 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 both parties exchange information and evidence. The parties may seek medical records, police reports, and witness statements. The parties will also exchange interrogatories that are written questions which must be answered under the oath within a specified time. Your attorney will also document the extent of physical, emotional, and psychological injuries you have suffered, and any other damages that may be sought, like future and current medical expenses or property damage, as well as lost wages. Your lawyer will also speak with experts like medical specialists as well as mechanics and engineers. auto accident attorneys portsmouth will aid in painting a an accurate image of the accident and the extent of your injuries to the jury. Your attorney will then start negotiations with the insurance companies in order to settle your case without trial. If the insurance company fails to offer you an acceptable settlement or does not take into account your injuries and other losses, your case will likely go to trial. It is important that victims file a suit as soon as they can even though very few cases make it to court. As time passes, memories fade, witnesses die, and evidence disappears and makes it harder to establish a solid claim for maximum compensation. In addition, you must abide with the statute of limitations in your state, which can range from 1 to 6 years.