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Phases of an Auto Accident Lawsuit Car accident injuries can lead to significant medical bills along with property damage and lost wages. An experienced attorney can help you receive the compensation that you require. The process is different from case-to-case, however, it generally begins with filing an action. The discovery phase, trial, and appeals follow. Medical Records Medical records are an essential part of any auto accident case. They will assist the judge or jury determine how the accident has affected your life, as well as the physical, emotional and financial burdens of your injuries. Insurance companies will be unable to dispute the story told by medical records. You might only have a particular period of time, based on the laws of your state and the guidelines of your physician, to request medical records. Consult with your lawyer as soon after an accident as is possible. Health Information Portability and Accountability Act, or HIPAA guarantees your right to access these records. However, this does not mean that you or your lawyer are the only ones able to look over your medical records. Insurance companies constantly look for evidence that might suggest your injuries may not be the severity you claim or if you have pre-existing injuries. Your lawyer will use your medical records in order to prepare a demand letter that will include evidence to support the damages you're seeking. It is important that your lawyer only provide relevant medical records to the insurance company, as they may request you to sign a medical authorization that allows them to access all your medical records. auto accident lawyer las vegas is not in your best interest since it could reveal previous injuries that aren't connected to the current claim. Police Reports Police reports are prepared each time a police officer responds to an emergency call, including car accidents. Even though they're not admissible in court (they are considered to be hearsay), they do provide invaluable information to attorneys investigating an incident and preparing cases. A police report is an objective view of what happened during the crash, based on witness testimony and observations by the officer regarding the damage to the vehicle the weather, the drivers and more. It is an important piece of evidence which can assist you in winning a car accident lawsuit. You can usually request a copy from the police precinct that handled the investigation. Call their emergency line and provide an invoice or an incident number for identification. You can also request copies of police reports through the department's website. You will need to file a lawsuit against the driver who was at fault after your medical expenses or lost wages property damage have reached an amount. The police report is an important tool in settlement negotiations, especially when you can establish the other driver's responsibility based on observations made by the officer. Many cases are settled without going to trial. Pre-trial proceedings can be lengthy and your case might not be resolved until a year after you file it. Insurance Company Negotiations Once the adjuster has all of the details they require from you and your car accident investigation, they'll make a settlement offer. They will then input all the facts and details into a computer program to make their initial offer. Most likely, they'll make a smaller number than what you estimated from your investigation. It's important to remember that insurance companies have their own financial interest in mind when they decide on settlement offers. They'll be looking to reduce the amount they have to pay in medical bills and other damages. You are able to fight back if you mention the way your injuries will impact your life in the future. For example, you can draw attention to your increasing medical bills, the loss of earning capacity, and the emotional and physical pain you're going through. Your lawyer or you then draft a demand letter and then present it to the insurance company. This letter should include all of the evidence that you have gathered including witness statements and photos of your injuries. You'll also make a list of your non-negotiables, so you can keep the insurance company from under-pricing you. After an agreement has been reached, the written settlement agreement 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 a fair settlement. Legal Advice The next step in a car lawsuit involving an accident is discovery, where both sides exchange information as well as evidence. The parties may seek medical records, police reports and witness statements. The parties will also exchange interrogatories, which are written questions which must be answered under an oath within certain times. Additionally your attorney will provide documentation of the extent of your physical emotional and psychological injuries and the additional damages you could be seeking to recover that are incurred, such as future medical costs, property damage, and lost wages. Your lawyer will consult with other experts, such as mechanics, medical specialists and engineers. These experts can assist the jury to get an accurate picture of your accident and injuries. Your attorney will then start negotiations with insurance companies to resolve your case without trial. However, if the insurance company offers a low settlement or fails to take your injuries and other damages into account your case is likely to be heard at trial. It is vital that victims file a lawsuit immediately even though very few cases make it to the courtroom. As time passes, memories fade, witnesses pass away and evidence is lost, making it more difficult to make a strong claim to receive the maximum amount of compensation. You must also comply with the statute of limitations for your state that can range between 1 and 6 years.