How to File an Auto Accident Lawsuit

You may start a lawsuit if a settlement offer made by an insurance company does not pay for your damages. The process begins with an attorney filing a lawsuit.

Your lawyer will collect information from experts and witnesses. They will also review the police reports and medical treatment records. This is known as discovery.

Liability

After an accident, the party responsible must file a liability claim with their insurance company. The claim must be made within the deadlines determined by the state where the incident occurred. Insurance companies could be enticed to pay as little as possible on legitimate claims, and so it's essential to take the necessary steps to safeguard yourself. Note everything you can on the scene including photos, witness statements as well as police reports and other pertinent details. It's important to call your insurance company immediately, so they will be able to begin processing your claim and obtaining evidence from the scene.

In New York, the no-fault system covers medical expenses and up to 80% of your lost income up to the limits of your policy. It also covers other losses such as pain and suffering. You must prove that the other driver was negligent. The severity of your injuries will determine the amount of economic and non-economic damages you are entitled to.

Sometimes automobiles are manufactured or designed in a way that is not correct. Your lawyer could suggest that you sue both the driver and the manufacturer if the car is defective. You can also sue a government entity that is responsible for road construction and upkeep if they know or should be aware of the dangerous road conditions but you are not able to hold individual employees liable in this kind of lawsuit.

Damages

It's impossible to determine the exact value of these damages, but it's contingent on the laws of your state and the extent of the injury. It is best to have your medical costs and other expenses be documented, along with the estimated future loss.

When you are negotiating compensation, a plaintiff's attorney will search for the most evidence to support their client's argument. This includes eyewitness statements, police reports and medical records. In some instances your attorney may request information from the defendant and their lawyers in a process called discovery. Depositions may also be required which are where your lawyer asks you questions under oath regarding the accident and your injuries.

Sometimes, both parties reach a settlement before the case is brought to trial. This is common when it comes to car accidents, since both parties wish to save money and time on legal fees as well as avoid stress that comes with going to trial. This could happen at any time during the trial, but is most likely to occur after the discovery process has completed. It can also happen after one side learns or divulges information they think makes it impossible for the other side to prevail.

Medical bills

Medical bills are usually the largest expense after an accident. These bills can be from private healthcare providers like medical clinics and hospitals or government-based healthcare such as Medicare and Medicaid. No matter where the medical bills originate from, it's crucial that patients have the proper financial protection to cover these expenses. Personal injury lawsuits can be filed by car accident victims to recover the costs.

In some instances health insurance or auto insurance will cover these costs prior to a settlement or verdict is reached. This can lower the total settlement amount and prevent the victim having to pay out of pocket for costs.

However, the insurance companies that pay for these expenses might attempt to recoup the money that they paid from the accident victim by using a process known as subrogation. It is crucial to have an attorney on your side who understands the process and will fight hard for fair compensation.

Some drivers have an additional type of auto accident lawyers insurance known as "medical payment," or "PIP." It covers medical expenses without determining fault in the accident. This coverage usually does not have a deductible, and is accessible to all car accident victims. Even this insurance has limitations, and you shouldn't be relying on it to pay all of your medical costs.

Settlements

A fair settlement will cover all your expenses including medical bills lost wages, and property damage. It should also include a portion to pay for any long-term impairments or damages such as a decreased mobility or suffering and pain. It's important that you consult with an experienced attorney to ensure you receive the highest amount for your injuries and damages.

The process of settlement can take a few months or years depending on your case. The timeframe for settlements differs between states and is influenced by the nature of your claim.

After a thorough examination of your accident, we will send a request to the insurance company of the driver at fault. We will negotiate with your insurance company to get a fair settlement.

If negotiations with the insurance company fail and your lawyer is unable to resolve the issue, he will file an action against the responsible party in a court. The discovery process begins with an official process in which both parties exchange information and evidence. During this time your attorney will request information from the defendant and his or her attorneys in the form of written questions (called interrogatories) and oral evidence through depositions.

Throughout the discovery period and trial, your attorney can file legal documents, Auto Accident Lawsuit also known as motions to the court which the judge will examine and rule on. If one of the parties is unhappy with the outcome of the trial they can appeal, which could extend the duration of your case by months or years.