How to File an Auto Accident Lawsuit

You may file a lawsuit if the settlement offer made by an insurance company fails to cover your damages. The process begins when your lawyer file a legal complaint.

Your lawyer will collect information from witnesses and experts. They will also examine medical and police reports. This is called discovery.

Liability

After an accident, the responsible party must file a claim for liability with their insurance company. The claim must be filed within the legal deadline that is set by the state in which the accident occurred. Insurance companies could be enticed to pay as little as is possible for legitimate claims, therefore it is essential to take precautions to protect yourself. Document all relevant information including photographs, witness statements, police reports, as well as any other relevant information, at the scene. Contacting your insurance company as soon as you can is a good idea, so that they can start to process your claim and auto accident lawsuit gather evidence from the scene.

In New York, no-fault insurance covers medical expenses and up to 80% your income loss, up to the limits of the policy. It also covers non-economic losses such as suffering and pain. You must prove that the other driver was negligent. The degree of your injuries impact both the economic and non-economic damages you're entitled to.

Sometimes, cars are designed or manufactured in a manner that is defective. In these cases your attorney might suggest filing a lawsuit against the manufacturer in addition to the driver responsible for the crash. You can sue the public entity that is responsible for road construction or maintenance in the event that it is aware or should have known about dangerous conditions on its roads. However, you are not able to in any way hold an individual employee responsible in such a case.

Damages

There is no way to estimate the exact value of these damages, but it depends on the laws in your state and the severity of the injury. It's best to have your medical expenses as well as other expenses documented and include your estimated future loss.

A lawyer for a plaintiff will utilize the most evidence to support the client's claim as possible when negotiating compensation. This could include eyewitness testimony or police reports medical records. In some instances the attorney will seek information from the defendant as well as their attorneys through a process called discovery. Deposits could also be required, in which your lawyer will ask questions regarding the accident and injuries under oath.

Sometimes, both parties will be able to reach a settlement before the case is brought to trial. This is common in the case of car accidents, as both parties wish to save money and time in legal costs as well as avoid stress that comes with a trial. This can occur at any point during the trial, but is more likely to occur after the discovery process has been completed. It could also occur after one side has learned or divulges information they think makes it impossible for the other side to win.

Medical bills

Medical bills are often the biggest expense following an accident. These bills can come from private healthcare providers such as hospitals and clinics, or from government-based healthcare like Medicare and Medicaid. It is essential to have a sufficient financial protection for the victims, no matter the source of the medical expenses from. Personal injury lawsuits can be brought by victims of car accidents to recover these expenses.

In certain cases, auto accident law firms or health insurance will cover the costs before a verdict is reached or a settlement is reached. This can lower the total amount of the settlement and prevent the victim from having to pay out-of-pocket costs.

However, the insurers who paid these expenses may attempt to recoup the money that they paid from the accident victim by a process known as subrogation. Therefore, it is crucial to have an attorney on your side that understands the intricacies of this procedure and will fight for fair compensation.

Some drivers also have a particular type of car insurance coverage, referred to as "medical payment" or "PIP." This form of insurance typically covers medical bills in one lump sum, without needing to establish fault for the accident. This type of insurance is typically available to all accident victims and does not require any minimum deductible. However the coverage is limited and should not be relied on for the payment of all your medical expenses.

Settlements

A fair settlement will cover all of your expenses including medical bills lost wages, and property damage. The settlement should also provide for compensation for any long-term damages or limitations like reduced mobility or discomfort. It's important that you consult with an experienced lawyer to secure the maximum amount for your injuries and damages.

The process of obtaining a settlement can take months or even years, depending on the nature of your case. The length of time can vary from state to state and depends on the nature of your case.

Typically, after a full investigation into the accident, our legal team will issue a demand letter to the at-fault driver's insurer. We will negotiate with your insurance company to make a fair settlement offer.

If negotiations with the insurance company fail your lawyer will initiate an action against the responsible party in the court. The discovery phase will begin with an official procedure where both parties exchange information and evidence. In this phase your lawyer will seek information from the defendant and their attorneys in the form of written questions (called interrogatories) and oral evidence through depositions.

Your attorney may bring motions to court during the discovery period or trial. The judge will review the motions and make a decision. If one of the parties is dissatisfied with the verdict of the trial, they can appeal, which could prolong the duration of your case by months, or even years.