How to File an Auto Accident Lawsuit

If the settlement offer from an insurance company does not cover the damages you suffered, you are able to file a lawsuit. The process begins with an attorney filing a lawsuit.

Your lawyer will collect information from witnesses and experts. They will also go through police reports and medical 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 legal deadline established by the state in which the accident occurred. Insurance companies are often tempted to pay as little as they can for legitimate claims. It is crucial to be protected. Document all relevant information including photos, witness statements, police reports, and any other relevant information, on the scene. It is also a good idea to contact your insurance company immediately, so they will begin processing your claim and collect evidence from the scene.

In New York, no-fault insurance covers medical expenses and up to 80% of your lost income, subject to the limits of the policy. It also covers other expenses 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 are entitled to.

Sometimes, cars are designed or manufactured in a defective manner. In these instances your attorney might suggest suing the manufacturer as well as the driver accountable for the accident. You can also sue a government agency responsible for road construction and maintenance if they know or should have known about the risky road conditions however, you are not able to make individual employees accountable in this type of lawsuit.

Damages

Depending on your state's laws and the extent of your injuries, compensation can include things like medical bills as well as 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 costs and other expenses recorded and include an estimate of your future loss.

A lawyer for a plaintiff will utilize the most evidence to support the client's claim as possible when negotiating compensation. This includes eyewitness testimony, police reports, and medical records. In some cases your attorney may request information from the defendant and their attorneys in a process called discovery. Deposits could be necessary, in which your lawyer will ask questions about the accident or injuries under the oath.

Sometimes both parties will agree to a settlement before the lawsuit even reaches trial. This is typical in car accidents as both parties want to save time and money on legal costs and also avoid the stress of the trial. This can happen at any point during the case but is more likely to occur after the discovery process. It could also occur after one side learns or reveals important information that they believe is insurmountable for the opposing side to win.

Medical bills

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

In some instances, auto accident or health insurance will cover the expenses before the verdict is made or a settlement is made. This can lower the amount of the settlement and prevent the victim having to pay out of pocket for expenses.

However, the insurers that have paid for these expenses could try to recover the funds they spent from the accident victim via a process referred to as subrogation. It is crucial to have an attorney by your side who is knowledgeable about the procedure and auto accident lawsuit will fight for fair compensation.

Certain drivers have an additional type of insurance for their vehicles called "medical payment" or "PIP." It pays medical expenses without determining fault in the accident. This type of insurance typically does not have a deductible, and is available to all car accident victims. Even this insurance has limitations and you should not depend on it to cover all of your medical costs.

Settlements

A fair settlement will cover all of your expenses, including medical bills, lost wages and property damage. The settlement should also include compensation for any damages that are long-term or limitations, like reduced mobility or discomfort. It is crucial to speak with an experienced attorney to get the most money for your injuries and damages.

The process of obtaining a settlement may be a long time, or even years, depending on the complexity of your case. The length of time can vary between states and depends on the complexity of your case.

Typically, following a thorough investigation into the accident, our legal team will issue an order letter to the at-fault driver's insurer. We will bargain with your insurance provider to get an acceptable settlement offer.

If negotiations with the insurer fail the lawyer will file a court lawsuit against the responsible party. The discovery phase then begins as 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) as well as oral testimony in depositions.

During the time of discovery and trial, your attorney can file legal documents, also known as motions in court which the judge will examine and rule on. If one of the parties is dissatisfied with the outcome of the trial they can appeal, which could prolong the duration of your case by months or even years.