How to File an
Auto Accident LawsuitYou can bring a lawsuit if the settlement offer from an insurance company doesn't compensate you for your losses. The procedure begins with your attorney filing a legal complaint.
Your lawyer will collect information from witnesses and experts. They will also review medical and
auto accident lawsuit police records. This is called discovery.
Liability
After an accident, it is the responsibility of the party responsible to file a claim for the liability with their insurance company. The claim must be filed within the time frame established by the state in which the accident occurred. Insurance companies could be enticed to make as little payment as they can on legitimate claims, which is why it's important to take steps to safeguard yourself. Document all relevant information such as photos, witness statements, police reports, and any other relevant information, at the scene. Calling your insurance provider immediately is a good idea, so they can begin to process 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 the policy limits. It also covers non-economic expenses such as pain and suffering. You must prove that the other driver was negligent. The extent of your injuries will affect both the non-economic and economic damages you're entitled to.
Sometimes cars are designed or manufactured in a flawed manner. In these instances your attorney might suggest taking action against the manufacturer in addition to the driver who caused the accident. You can sue a public entity responsible for road construction and maintenance if they know or should have known about the risky road conditions, but you cannot make individual employees accountable in this type of lawsuit.
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 is a good idea to have your medical bills and other expenses documented by a professional, and to include your projected future losses as well.
When it comes to negotiating compensation, the attorney for the plaintiff will try to find as much evidence as is possible to prove their client's case. This could include eyewitness accounts or police reports medical records. In some cases, you attorney could request information from the lawyers of the defendant and the defendant through a process called discovery. Deposits could be required, in which your lawyer asks questions about the accident and injuries under the oath.
Sometimes, both parties reach a settlement before the lawsuit ever reaches trial. This is a common scenario in car accidents because both parties want to save time and money on legal costs and also to avoid the stress of going to trial. This can occur at any point during the litigation, but is most likely to occur after the discovery process has completed. It could also occur after one side has learned or divulges information they think makes it impossible for the opposing side to prevail.
Medical bills
Medical expenses can be the largest cost associated with an
auto accident. The bills could come from private healthcare providers, like hospitals and clinics, or from government-based healthcare such as Medicare and Medicaid. Whatever the source of the medical bills are originating from, it's crucial that the patients have adequate financial protection to cover the expenses. Victims of car accidents can file a personal injuries lawsuit to recover these expenses.
In certain cases the insurance company, whether health or
auto accident lawsuits, will cover the costs before an agreement is reached or a settlement is made. This could lower the amount of the settlement and help the victim avoid having to pay out of pocket expenses.
Subrogation is a legal process that permits insurers to recover the money they owe from accident victims. It is crucial to have an attorney on your side who is knowledgeable about the procedure and will fight for fair compensation.
Some drivers are covered by an additional type of insurance for their vehicles called "medical payment" or "PIP." It covers medical bills without determining fault the accident. This type of insurance typically does not have a deductible, and is accessible to all car accident victims. However, it is subject to limitations, and you shouldn't be relying on it to pay all of your medical costs.
Settlements
A fair settlement should be able to cover your expenses, such as medical bills or property damage, as well as lost wages. The settlement should also cover compensation for any long-term damages or limitations like reduced mobility or discomfort. It is recommended to consult with an experienced attorney to obtain the most compensation for your injuries and damage.
The process of obtaining a settlement may take months or years depending on the nature of your case. The length of time required to obtain a settlement varies between states and is influenced by the complexity of your claim.
Typically, following a thorough investigation of the accident our legal team will issue a demand letter to at-fault driver's insurance provider. We will bargain with your insurance provider to make a fair settlement.
If negotiations with the insurer do not succeed your lawyer will file a lawsuit against the responsible party. The discovery phase is the formal exchange of evidence and information between the parties. During this stage, 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.
Throughout the discovery phase and trial, your attorney may file legal documents called motions in court which the judge will review and decide on. If one of the parties is unhappy with the outcome of the trial they can appeal. This could extend the duration of your case by months or even years.