How to File an Auto Accident Lawsuit

You can file a lawsuit if the settlement offer from an insurance company fails to compensate you for your losses. The process begins with your lawyer filing a legal complaint.

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

Liability

After an accident, the responsible party must file a liability claim with their insurance company. The claim must be made within the deadlines determined by the state where the accident occurred. Insurance companies are often enticed to pay as little as possible for legitimate claims. It is important to safeguard yourself. Keep all the evidence you can at the scene, including photos as well as witness statements and police reports as well as other relevant information. It is important to call your insurance company immediately, so that they will begin processing your claim and obtaining evidence from the scene.

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

Sometimes, cars are constructed or designed in a manner that is defective. In these situations your attorney might suggest filing a lawsuit against the manufacturer as well as the driver who caused the crash. You can sue a public entity responsible for road construction and maintenance if they know or should have been aware of the hazardous conditions on their roads, but you cannot make individual employees accountable in this type of lawsuit.

Damages

Depending on your state's laws and the severity of your injuries, compensation could include things like medical bills and car repairs, lost income, property damage and "pain and suffering." It's impossible to estimate the value of these losses with complete precision. It is best to get your medical expenses as well as other expenses be documented, along with the estimated future loss.

A lawyer for a plaintiff will utilize as much evidence in support of the client's claim as is possible when negotiations for compensation. This includes eyewitness evidence, police reports and medical records. In some cases your lawyer will request information from the defendant as well as their attorneys in a process called discovery. This may also involve depositions in which your lawyer asks you questions under oath regarding the accident and your injuries.

Sometimes, both parties reach an agreement before the lawsuit ever reaches trial. This is typical in the case of car accidents, since both parties wish to save money and time on legal fees as well as avoid stress that comes with the prospect of trial. This could occur at any time during the litigation, but is most likely to happen after the discovery process has completed. It can also occur after the other party learns or shares important information that they believe will make it impossible for their opponent to win.

Medical bills

Medical bills are typically the largest expense after a car crash. These expenses can come from private healthcare providers like clinics and hospitals or from government-funded healthcare, such as Medicare and Medicaid. Regardless of where the medical bills originate from, it's important that the patients have adequate insurance coverage to pay for these costs. Personal injury lawsuits can be filed by victims of car accidents to recover the costs.

In certain cases the insurance company, whether health or auto accident lawyer, will cover the expenses before an agreement is reached or a settlement has been reached. This could reduce the amount of the settlement and prevent the victim from having to cover out-of-pocket expenses.

However, the insurance companies that paid for these expenses might try to recover the funds they spent from the victim via a process referred to as subrogation. It is crucial to have an attorney by your side who understands the procedure and will fight for fair compensation.

Certain drivers also have a specific type of insurance policy known as "medical payment" or "PIP." This type of insurance typically pays medical bills in one lump sum, without needing to determine who is responsible for the crash. This type of insurance is typically available to all accident victims and does not require a deductible. However, even this coverage is limited and is not a guarantee for the payment of all your medical expenses.

Settlements

A fair settlement should cover your expenses, such as medical bills, property damage and loss of wages. The settlement should also provide for compensation for any long-term damages or limitations like reduced mobility or discomfort. You should consult a seasoned lawyer to receive the maximum amount of money for your injuries and damage.

The process of settlement can take several months or even years depending on your case. The length of time can differ between states and depend on the extent of the case.

After a thorough investigation of your accident, we will make a formal demand to the insurance company of the driver who was at fault. We will negotiate with the insurance company to get a fair price for your settlement.

If negotiations with the insurance company do not succeed your lawyer will start a lawsuit against the liable party in the court. The discovery phase will begin as an official process in which both parties exchange information and evidence. In this phase your lawyer will seek information from the defendant and his or her attorneys in the form of written questions (called interrogatories) as well as oral testimony in depositions.

Your attorney may file motions in court during the trial or Auto Accident Lawsuit discovery periods. The judge will look over them and make a decision. If one of the parties is not satisfied with the outcome of the trial, they may appeal, which could increase the length of your case by months or years.