How to File an Auto Accident Lawsuit

If an insurance company's settlement offer does not cover your damages, you can file a lawsuit. The process begins when your attorney lodges a legal claim.

Your lawyer will collect details from witnesses and experts. They will also examine 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 filed within the timeframe established by the state in which the incident occurred. Insurance companies are often enticed to pay out the smallest amount possible to settle legitimate claims. It is important to ensure your safety. Document everything you can at the scene, including photos and witness statements or police reports, as well as any other pertinent details. Contacting your insurance company right away is a good idea so they can begin to process your claim and gather evidence from the scene.

In New York, the no-fault system covers medical bills and up to 80 percent of your loss income, up to the policy limits. It also covers noneconomic damages like pain and suffering. You must prove that the other driver was negligent. The severity of your injuries impacts both the non-economic and economic damages you're entitled to.

Sometimes, cars are designed or manufactured in a manner that is defective. Your lawyer could suggest that you sue the driver and the manufacturer in the event that the car is defective. You may also sue the government entity that is responsible for road maintenance and construction in the event that it is aware or should be aware of the dangers on its roads. However, you cannot hold an individual employee liable in a lawsuit.

Damages

You aren't able to calculate the exact amount of damages, but it's contingent on the laws in your state and the extent of the injury. It's best to have your medical expenses and other expenses be documented, along with the estimated future loss.

A lawyer representing a plaintiff will seek as much evidence to back the client's claim as is possible when negotiations for compensation. This includes eyewitness testimony, police reports and medical records. In some instances, your attorney will request information from the defendant as well as their attorneys through a process known as discovery. This may also involve depositions in which your lawyer will ask you questions under oath about the accident and the injuries you sustained.

Sometimes both parties will agree to a settlement before the lawsuit even reaches trial. This is a common scenario in car accidents, as both parties wish to save time and money on legal costs, as well as avoid the stress of going to trial. This can occur at any point during the case but is more likely to happen after the discovery process has been completed. It can also happen after one party discovers or divulges important information that they believe will make it impossible for their opponent to prevail.

Medical bills

Medical bills are often the biggest expense associated with a car accident. These bills can be from private healthcare providers such as medical clinics and hospitals or government-run healthcare, such as Medicare and Medicaid. It is important to have sufficient financial protection for the victims, auto accident lawsuit regardless of which source the medical expenses come from. Accident victims are able to file a personal injury lawsuit to recover these expenses.

In certain cases, health insurance or auto insurance can cover these expenses before a verdict or settlement is reached. This can reduce the amount of the settlement and save the victim from having to pay for out-of-pocket expenses.

However, the insurance companies that pay for these expenses might attempt to recover the funds they paid from the accident victim through a process called subrogation. Consequently, it is important to have an attorney on your side that understands the intricacies of this process and will fight for fair compensation.

Certain drivers also have an additional type of auto accident lawsuits insurance called "medical payment" or "PIP." It pays medical bills without determining fault in the incident. This type of insurance does not typically have a deductible, and is available to all injured car accident victims. However the coverage is not unlimited and is not a guarantee for the payment of all your medical expenses.

Settlements

A fair settlement should be able to cover your losses, including medical bills, property damage and loss of wages. The settlement should also provide the cost of any long-term damage or limitations such as reduced mobility or discomfort and pain. It's important that you consult with an experienced attorney to obtain the maximum amount for your injuries and damages.

The process of settlement could take several months or even years, depending on your situation. The time frame can vary from state to state and depends on the nature of your case.

Typically, after a full investigation of your accident Our legal team will send a demand letter to at-fault driver's insurance company. We will bargain with your insurance provider to reach an acceptable settlement offer.

If negotiations with the insurance company fail your lawyer will start a lawsuit against the liable party in the court. Then the discovery phase begins as a formal process where both parties exchange information and evidence. During this phase your lawyer will request the defendant and defendant's attorneys for information in the form written questions (called interrogatories) as well as oral testimony via depositions.

Your attorney may make motions in court during the trial or discovery phase. The judge will examine the motions and then make a final decision. If one party isn't satisfied with the outcome of the trial, they are able to appeal. This could prolong the case by several months or even years.