How to File an Auto Accident Lawsuit

You can make a claim if the settlement offer made by an insurance company does not cover your losses. The process begins with your attorney filing a legal complaint.

Your lawyer will gather information from experts and witnesses. They will also study medical treatment and police records. This is called discovery.

Liability

After an accident, the party responsible must file a liability claim with their insurance company. The claim must be filed within the time frame established by the state in which the incident occurred. Insurance companies may be tempted to accept as little as they can on legitimate claims, so it's crucial to take steps to safeguard yourself. Keep all the evidence you can at the scene including photos and witness statements and police reports as well as other relevant information. Calling your insurance company immediately is a good idea so they can begin processing your claim and collect evidence from the scene.

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

Sometimes, cars are not properly made or designed. In these instances your attorney might suggest filing a lawsuit against the manufacturer as well as the driver who caused the crash. You may also sue the government entity 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 in any way hold an individual employee responsible in such a case.

Damages

You aren't able to calculate the exact amount of damages, but it depends on the laws of your state and the extent of the injury. However, it's an excellent idea to have your medical bills and auto accident lawsuit other expenses logged by an expert and to include your estimated future losses.

A lawyer for a plaintiff will make use of the most evidence to support the client's claims as they can when trying to negotiate compensation. This includes eyewitness statements, police reports and medical records. In some instances your lawyer will request information from the defendant as well as their attorneys in a procedure known as discovery. It could also include depositions in which your lawyer asks you questions under oath about the accident and the injuries you sustained.

Sometimes, both parties will reach an agreement before the lawsuit reaches trial. This is common in car accidents as both parties want to save time and money on legal fees and to avoid the stress of an upcoming trial. This can occur at any point in the course of the case, but it is more likely to occur following the discovery process. It can also occur after one party learns or divulges information they believe is insurmountable for the opposing side to win.

Medical bills

Medical bills can be the largest cost associated with a car accident. These expenses can come from private healthcare providers like hospitals and medical clinics or government-based healthcare such as Medicare and Medicaid. Whatever the source of the medical bills come from, it is crucial that the victims have proper financial protection to cover these costs. Personal injury lawsuits can be filed by victims of car accidents to recover these expenses.

In certain cases the insurance company, whether health or auto accident lawyer, will cover the costs before a verdict is reached or a settlement is agreed upon. This could reduce the total amount of the settlement and also prevent the victim from having to pay out-of pocket expenses.

However, the insurance companies who paid these expenses may attempt to recover the amount they incurred from the victim by using a process known as subrogation. Therefore, it is essential to have an attorney on your side who is knowledgeable about the process and will fight hard to get fair compensation.

Certain drivers also have a particular type of insurance policy known as "medical payment" or "PIP." This form of insurance typically pays medical bills directly, without having to determine fault for the crash. This type of insurance does not typically have a deductible and is accessible to all car auto accident lawyers victims. However, even this coverage is limited and should not be relied upon to cover all your medical expenses.

Settlements

A fair settlement will cover all of your expenses, including medical bills, lost wages, and property damage. It should also include a portion to compensate for any long-term limitation or damage such as a decreased mobility or pain and suffering. You should seek the advice of an experienced lawyer to receive the maximum amount of compensation for your injuries and damages.

The process of settling a case can be a long time, or even years, depending on the nature of your case. The time frame can differ from state to state and is contingent on the extent of the case.

Typically, following a thorough investigation of the accident our legal team will then send an appeal letter to the at-fault driver's insurance company. We will negotiate with the insurance company to obtain a reasonable offer for your settlement.

If negotiations with the insurer fail the lawyer will file a court case against the responsible party. The discovery phase is the formal exchange of information and evidence between the two parties. In this phase your lawyer will ask the defendant and his attorneys for information in the form of written questions (called interrogatories) as well as oral testimony via depositions.

The attorney's lawyer can bring motions to court during the trial or discovery phase. The judge will consider the motions and then make a final decision. If a party isn't satisfied with the outcome of the trial, they are able to appeal. This can prolong the trial by months or years.