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Phases of an Auto Accident Lawsuit Car accident injuries could result in significant medical bills, property damage and lost wages. A knowledgeable attorney can assist you in obtaining the justice you deserve. The process is different from case-to-case, however, generally it starts with filing a complaint. Then comes the discovery phase and trial, as well as any appeals. Medical Records Medical records are a vital part of any auto accident case. They will assist a jury or judge know how the injury affected your life, as well as the emotional, physical and financial consequences of your injuries. Medical records will also reveal an account that insurance companies will have a difficult to dispute. Depending on your state's laws and your doctor's guidelines depending on your state's laws and your doctor's policy, you could have only a short amount of time to request medical records from your healthcare provider. Consult with your lawyer as soon following an accident as possible. Health Information Portability and Accountability Act or HIPAA is a law that protects your right to access these records. However, this doesn't mean that only you or your lawyer can access your medical records. Insurance companies are always looking for evidence that suggests that your injuries aren't the severity you claim or if you have pre-existing injuries. Your lawyer will utilize your medical records to create a demand letter which will contain evidence to justify the damages you're seeking. Your lawyer must only provide the relevant medical documents to your insurance company. They might require you to give them permission to access your complete medical record. This is not the best option for your claim because it could reveal injuries from the past that are not related to the claim. Reports of Police Every time a police officer responds to a call for assistance, or an accident, he or she produces a report. Even though they aren't admissible in court (they are considered hearsay) they can provide important information to attorneys when investigating an accident and creating cases. A police report is an objective assessment of what happened in the accident, based on witness testimonies and the officer's observations about the vehicles' damage the weather, the drivers and more. auto accident lawyer redwood city is an important evidence that can aid you in winning a lawsuit in a car accident. Usually, you can request a copy of your police report from the local police department that handled the investigation by calling their non-emergency phone number and providing a receipt or incident number to identify it. The police department might also have a website where you can request copies of the records online. After your medical expenses as well as property damage and lost wages are at an amount you can afford, you'll have to start a lawsuit against the at-fault driver. The police report can be a valuable tool in settlement negotiations, particularly when you can demonstrate that the other driver was largely at blame based on the officer's observations. A lot of cases are settled without having to go to trial. It could take a long time to complete the pre-trial process and your lawsuit might not be resolved for a long time. Insurance Company Negotiations Once an adjuster has all the details they require from you, and the car accident investigation They will then extend an offer of settlement. They will then input all the information and facts into a program that will generate their initial offer. They will most likely produce a number that's much lower than what you calculated based on your investigation. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers. They'll seek to limit the amount they have to pay in medical bills and other damages. You are able to fight back if you point out how your injuries will negatively affect your life in future. For instance, you can draw attention to your increasing medical bills, your decreased earnings capacity and the emotional and physical pain you're going through. Your attorney or you prepare the letter of demand and then present it to an insurance company. This will include all the evidence you have collected, including witness statements, photographs of your injuries and any documents that support your losses. You should also create an outline of your non-negotiables so you can keep the insurance company from under-pricing you. When an agreement is reached the agreement will be recorded in an agreement to settle in writing. It's normal for a back-andforth to take place during these negotiations, but staying in the moment will help you get a fair settlement. Legal Advice Discovery is the next stage of the lawsuit, during which both parties exchange information and evidence. Parties can request medical records and police reports, and witness statements. They will also provide each other interrogatories (written questions to be completed under oath at the expiration of a specific time). Your attorney will also record the extent of physical, emotional, and psychological injuries you have suffered, as well as any other damages that might be sought, such as the amount of medical expenses you are currently and in the future or property damage, as well as lost wages. Your lawyer will confer with other experts like mechanics, medical experts and engineers. They will help paint a an appealing picture of your crash and the injuries you sustained for the jury. Finally, your attorney will begin negotiations with insurance companies in order to try to settle your claim with out a trial. If the insurance company is unable to provide you with an equitable settlement or doesn't take into consideration your injuries or other damages, your case is likely to be heard in court. Although a small percentage of cases go to trial, it is essential for victims to make a claim as soon as is possible. Memory fades, witnesses disappear and evidence may be lost in time and it becomes difficult to present a convincing case for the maximum amount of compensation. Furthermore, you have to comply with the statute of limitations in your state, which could vary from 1 to 6 years.