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Phases of an Auto Accident Lawsuit Damage to property, medical bills and lost wages can be significant following an accident. An experienced lawyer can help you get the compensation you require. The procedure varies from case to case but generally, it begins with filing a complaint. The discovery phase, trial, and appeals follow. Medical Records Medical records are an essential part of any auto accident case. They will aid a jury or judge know how the injury impacted your life, including the physical, emotional and financial consequences of your injuries. Insurance companies will find it difficult to challenge the narrative told by medical records. You may only have a specific period of time, based on the laws in your state and the guidelines of your physician, to request medical records. This is why you should contact your lawyer as soon as you can following an accident. The law protects your access to these records by implementing the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your attorney can view your medical records. Insurance companies are always looking for evidence that might suggest your injuries might not be as serious as you claim or if you have pre-existing injuries. Your lawyer will use your medical records in order to prepare a demand letter which will contain evidence to support the damages you're seeking. Your lawyer should only supply the relevant medical documents to your insurance company. They may ask you to grant them permission to access your entire medical record. This is not the best option for your claim since it could reveal previous injuries that are not connected to the claim. Police Reports Police reports are created every time a law enforcement officer responds to an emergency call and also car accidents. Although they aren't admissible in a court of law (they are considered to be hearsay) they can provide valuable information for attorneys who are conducting investigations and preparing cases. A police report is an independent account of the crash, based on the witness' testimony as well as the officer's observations regarding the weather conditions, the drivers, and other aspects. It is an important piece of evidence that could assist you in winning your lawsuit for car accidents against the defendant. Usually you can request a copy of your police report from the police station that was responsible for the investigation by calling their non-emergency phone number and providing an incident or receipt to identify it. You can also request copies of records through the police department's website. You'll have to file a suit against the driver who was at fault once your medical bills, lost wages, and property damage exceed an amount. The police report can be an effective tool for settlement negotiations, particularly in cases where you can prove other driver's fault through the observations of the officer. However, many cases reach settlements without ever going 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 the adjuster has all of the information they require from you as well as your car accident investigation, they'll make a settlement offer. They will input all the facts and details into a computer program in order to generate their initial offer. Most likely, they will produce a significantly lower number than you calculated based on your research. auto accident attorneys rhode island to remember that insurance companies have their own financial interests in mind when making settlement offers. They'll want to reduce the amount they have to pay for medical expenses and other damages. You can fight back by pointing out the ways in which your injuries could affect your life in the coming years. For instance, you can mention your increasing medical bills and your lost earning potential, as well in the mental and physical suffering you're experiencing. Your attorney or you prepare an official demand letter and then present it to an insurance company. This letter will include all of the evidence that you've collected, including witness statements and photos of your injuries. You should also create the list of the items you cannot negotiate, so you can keep the insurance company from negotiating with you. Once you have reached an agreement it will be documented in an agreement for settlement in writing. Negotiations often involve back and forth process, but being patient can assist you in negotiating an equitable settlement. Legal Advice The next step in a car lawsuit involving an accident is discovery, where both sides exchange information as well as evidence. Parties may request medical documents, police reports or witness statements. They will also send any additional interrogatories (written questions that have to be completed under oath at the end of the specified time). In addition, your attorney will document the extent of your physical emotional and psychological injuries and the additional damages you may seek to compensate for that are incurred, such as future medical expenses, property damage and lost wages. Your lawyer will consult with other experts, like medical specialists, mechanics, and engineers. These experts will help paint a an accurate 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 without trial. If the insurance company provides you with an unsatisfactory settlement or does not take your injury and other damages into account the case will go to trial. It is crucial that victims file a suit as soon as they can even though very few cases get to the courtroom. Memories fade, witnesses disappear, and evidence could be lost in time and make it difficult to present a convincing case for maximum compensation. Furthermore, you have to comply with the statute of limitations in your state, which can vary from 1 to 6 years.