How to File an
Auto Accident LawsuitIf the settlement offer of an insurance company is not sufficient to cover the damages you suffered, you are able to bring a lawsuit. The process begins with an attorney filing a lawsuit.
Your lawyer will gather information from experts and witnesses. They will also examine police reports and medical treatment records. This is called discovery.
Liability
After an accident, it's the responsibility of the person responsible to file a claim for the liability with their insurance company. The claim must be filed within the period set by the state where the accident occurred. Insurance companies can be enticed to accept as little as they can on legitimate claims, so it's important to take steps to protect yourself. Note everything you can on the scene, including photos witnesses' statements, police reports and any other pertinent details. It's important to contact your insurance provider right away, as they can begin processing your claim and obtaining evidence from the scene.
In New York, the no-fault system will pay medical bills and up to 80 percent of your lost income, subject to policy limits. It also covers other damages like pain and suffering. However, you must be able to prove the negligent driving of the other driver that caused your injury. The extent of your injuries will determine the amount of economic and non-economic damage you're entitled to.
Sometimes, automobiles are manufactured or designed in a way that is not correct. Your lawyer might suggest that you sue the driver and the manufacturer if the car is defective. You can sue the government agency that is responsible for road maintenance and construction if it has knowledge or should have known about dangerous conditions on its roads. However, you can't make an individual employee accountable in such a case.
Damages
Based on the laws of your state and the severity of your injuries, compensation may be able to cover medical bills or car repairs, loss of income, property damage and "pain and suffering." It's impossible to calculate the worth of these damages with complete accuracy. It is best to get your medical expenses and other expenses be documented, along with the estimated future loss.
When you are negotiating compensation, a lawyer representing a plaintiff will try to find as much evidence as is possible to prove their client's case. This includes eyewitness testimony, police reports and medical records. In some cases your lawyer will request information from the defendant and their lawyers in a process known as discovery. Deposits could be required, in which your lawyer will ask questions about the accident and injuries under the oath.
Sometimes both parties will agree to a settlement before the lawsuit ever reaches trial. This is typical in the case of car accidents, since both parties are looking to save money and time in legal costs and also avoid the anxiety that comes with a trial. This could occur at any time during the litigation, but is most likely to occur after the discovery process is completed. It can also occur after one party learns or shares information they think makes it impossible for the opposing side to prevail.
Medical bills
Medical bills are usually the biggest expense following a car accident. They can come from private healthcare providers such as hospitals and medical clinics, or government-funded healthcare like Medicare and Medicaid. It is vital to have adequate financial protection for the victims, regardless of which source the medical expenses come from. Personal injury lawsuits can be filed by car accident victims to recover these expenses.
In certain cases automobile or health insurance will cover the expenses before the verdict is made or a settlement is made. This can help reduce the amount of the settlement and also prevent the victim from having to pay out-of-pocket costs.
However, the insurance companies that paid these expenses may attempt to recover the money they paid from the accident victim via a process referred to as subrogation. Therefore, it is crucial to have an attorney to your side who is aware of the complexities of this procedure and will fight for fair compensation.
Some drivers have a different type of
auto accident law firm insurance known as "medical payment," or "PIP." It pays medical bills without determining fault in the accident. This coverage is usually available to all accident victims and does not require a deductible. However, even this insurance isn't unlimited and should not be relied upon to cover all of your medical expenses.
Settlements
A fair settlement should cover your losses, which include medical expenses or property damage, as well as lost wages. It should also include a sum to cover any long-term limitation or damage such as a decreased mobility or pain and suffering. It is essential to consult with an experienced lawyer to ensure you receive the highest amount for
auto accident Lawsuit your injuries and damages.
The process of obtaining a settlement can be a long time, or even years, depending on the nature of your case. The length of time can differ from state to state and is contingent on the nature of your case.
After an in-depth investigation of your accident, we will send a claim to the insurance company of the driver who was at fault. We will work with your insurance company to get an acceptable settlement offer.
If negotiations with the insurer fail your lawyer will file a court case against the responsible party. The discovery phase then begins as an official procedure where both parties exchange information and evidence. In this phase, your attorney will ask the defendant and the defendant's attorneys for information in the form written questions (called interrogatories) as well as oral testimony through depositions.
Throughout the discovery phase and trial, your attorney may file legal papers, referred to as motions in court which the judge will examine and decide on. If one of the parties is dissatisfied with the outcome of the trial they can appeal. This could increase the length of your trial by months or years.