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auto accident lawsuit tampa of an Auto Accident Lawsuit Medical bills, property damage and lost wages may be substantial after an accident. A knowledgeable attorney can help you receive the compensation that you require. The procedure is different from case to case, however, it generally begins with filing a complaint. Then comes the discovery phase and trial, as well as any appeals. Medical Records Medical records are an essential element in any auto accident lawsuit. They will aid jurors or judges know how the injury impacted your life, including the emotional, physical and financial costs of your injuries. Insurance companies will be unable to challenge the narrative told by medical records. According to the laws of your state and your doctor's policy depending on your state's laws and your doctor's policy, you could have the time to request medical records from healthcare providers. This is the reason you should contact your lawyer as soon as you can after an accident. Health Information Portability and Accountability Act (HIPAA) HIPAA, protects your right to access these documents. This doesn't mean you or your lawyer are the only ones who can examine your medical records. Insurance companies are often keen to uncover anything that could suggest that your injuries are pre-existing or not as severe as you claim. Your lawyer will utilize your medical records to prepare a demand letter that will include evidence to justify the damages you are seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They may require you to give them permission to access your complete medical record. This is not in your best interest since it could reveal previous injuries that aren't related to the present claim. Reports of Police When a police officer responds to a call for help, including an accident, he produces a report. Even though they're not admissible in court (they are deemed to be hearsay) They can provide important information to attorneys when investigating an accident and creating a case. A police report provides an objective report of what transpired in the accident, based on witness statements and observations regarding the damage to the vehicles and weather conditions, drivers and more. It is an important piece of evidence that could assist you in winning your car accident lawsuit against the defendant. You can usually request a copy from the precinct responsible for the investigation. Contact their non-emergency number and provide an invoice or an incident number as proof of identification. You can request copies of the report through the website of the police department. If your medical bills as well as property damage and lost wages reach the amount of a certain amount, then you will need to start a lawsuit against the driver at fault. The police report can be a valuable tool in settlement negotiations, particularly in cases where you can show that the other driver was largely at fault based on the police officer's observations. A lot of cases are settled without going to trial. The pre-trial process can be long and your case might not be resolved until a year after you file it. Insurance Company Negotiations Once an adjuster has all the details they require from you as well as the investigation into the accident and investigation, they will make a settlement offer. To make their first offer, they'll enter all the information and details into an online program. They'll likely produce a number that is much lower than the one you calculated from your research. It's important to remember that insurance companies have their own financial interest in mind when they decide on settlement offers. They'll want to reduce the amount they have to pay for medical expenses and other damages. You can counter by pointing out the many ways that your injuries could affect your life going forward. For instance, you could highlight your growing medical bills, your diminished earning capacity, and the emotional and physical suffering you're suffering. Your attorney or you prepare a letter of demand and submit it to an insurer. This letter should include all the evidence you've gathered, including witness statements and photos of your injuries. You'll also prepare the list of your non-negotiables, so you can stop the insurance company from negotiating with you. When an agreement has been reached the written settlement agreement will reflect it. Negotiations are usually back and forth, however staying patient will aid in achieving a fair settlement. Legal Advice The next step in a car lawsuit involving an accident is discovery. During this process, both sides exchange information and evidence. Parties can request medical records, police reports, and witness statements. They can also send another interrogatories (written questions that need to be answered under oath by end of a specified time). Additionally the attorney will also document the extent of your physical, emotional and psychological injuries and the additional damages you may be seeking to recover that are incurred, such as future medical costs, property damage, and lost wages. Your lawyer will also confer with experts like medical specialists as well as mechanics and engineers. These experts will aid in painting a an accurate image of your crash and the injuries you sustained for the jury. Then, your lawyer will begin negotiations with insurance companies to attempt to settle your claim with out a trial. However, if the insurance company offers you a small settlement or does not take your injuries and other damages into account the case will progress to trial. It is important that victims file a lawsuit immediately, even though few cases get to the courtroom. As time passes, memories fade, witnesses pass away and evidence is lost which makes it more difficult to make a strong claim for maximum compensation. You must also follow your state's statute of limitations that can range from 1 to 6 years.