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Phases of an Auto Accident Lawsuit Car crash injuries can result in substantial medical bills along with property damage and lost wages. An experienced attorney can assist you in getting the amount of compensation you deserve. auto accident law firm florida is different depending on the case, but generally starts by filing a complaint. The discovery phase, trial and appeals follow. Medical Records Medical records are an essential element in any auto accident case. They will assist jurors or judges understand how the injury has impacted your life, including the physical, emotional and financial cost of your injuries. Medical records can also tell an account that insurance companies will have a difficult to dispute. According to the laws of your state and the policy of your doctor In some states, you'll have the time to request medical records from healthcare providers. You should consult your lawyer as soon following an accident as possible. The law safeguards your access to these records through the Health Information Portability and Accountability Act (HIPAA). However, this doesn't mean that you or your lawyer are the only ones who are able to access your medical records. Insurance companies are always looking for evidence that could suggest your injuries may not be as severe as you claim or have a pre-existing condition. Your lawyer will utilize your medical records to prepare a demand letter that will include evidence to justify the damages you seek. Your lawyer should only provide the relevant medical documents to your insurance company. They might ask you to authorize them to access your entire medical record. This is not in your best interests as it could reveal past injuries that aren't directly related to the current claim. Police Reports Every time a police officer responds to a call for help, which could include an accident, he prepares a police report. While they cannot be used in a court of law (they are considered to be hearsay) they can provide valuable information for attorneys when investigating and preparing their cases. A police report is an objective account of what happened during the crash, based upon witness testimony and observations by the officer about the vehicles' damage the weather, the drivers and more. It's an important piece of evidence that could assist you in winning a lawsuit in a car accident. You can usually request a copy of the records from the precinct that was responsible for the investigation. Contact their non-emergency number and provide an original receipt or an incident number for identification. You can also request copies of police reports through the police department's website. After your medical bills and property damage as well as lost wages are at an amount that is a certain amount, you'll need to file a lawsuit against the driver at fault. The police report can prove to be a helpful tool in settlement negotiations, particularly when you can demonstrate that the other driver was largely at fault based on the officer's observations. A lot of cases are settled without going to trial. Pre-trial proceedings can take a long time and your case might not be resolved until a year after filing it. Insurance Company Negotiations When the adjuster has all the details they require from you and your car accident investigation, they'll make an offer to settle. To make their first offer, they'll input all the information and details into a computer program. They will most likely come up with a number which is significantly lower than the number you calculated from your research. When insurance companies make settlement offers, they've got their own financial interests in their minds. They'll want to limit the amount they'll have to pay for your medical bills and other damage. You can fight back if you highlight the way your injuries will impact your life in the coming years. You can, for example you can highlight the mounting medical bills and the loss of earning potential, as being aware of the physical and mental pain you're experiencing. You or your lawyer will create a demand letter and then present it to the insurance company. The letter should include all the evidence you have gathered including witnesses' statements and photographs of your injuries. You'll also prepare a list of your non-negotiables so you can keep the insurance company from under-pricing you. When an agreement has been reached the settlement agreement written will reflect it. Negotiations can be a back and forth, however staying patient will help you achieve an equitable settlement. Legal Advice Discovery is the next stage of the lawsuit, in which both parties exchange information and evidence. The parties can request medical records, police reports and witness statements. They can also send each other interrogatories (written questions that have to be answered under oath by deadline). Your lawyer will also record the extent of physical mental, emotional, or psychological traumas you've suffered as well as any other damages that may be sought, including the amount of medical expenses you are currently and in the future, property damage, and lost wages. Your lawyer will talk to other experts, such as mechanics, medical specialists, and engineers. These experts can help the jury to get an accurate picture of your accident and injuries. Your lawyer will then start discussions with insurance companies to settle your case without trial. If the insurance company doesn't offer a fair settlement, or does not take into account your injuries and other damages your case is likely to be heard in court. While only a few cases go to trial it is crucial for victims to start a lawsuit as quickly as is possible. Memories fade, witnesses can disappear and evidence may be lost in time and it becomes difficult to establish a compelling case for maximum compensation. In addition, you must abide with the statute of limitations in your state, which can be anywhere from one to six years.