How to File an
Auto Accident LawsuitIf the settlement offer offered by an insurance company is not sufficient to cover your losses, you may file a lawsuit. The process begins with your lawyer filing a lawsuit.
Your lawyer will gather details from witnesses and experts. They will also look over medical and police records. This is called discovery.
Liability
After an accident, the party responsible must file a claim for liability with their insurance company. The claim must be filed within the timeframe established by the state where your car accident occurred. Insurance companies might be enticed to pay as little as is possible on legitimate claims,
Auto Accident Lawsuit and so it's important to take steps to protect yourself. Document everything you can at the scene including photos witnesses' statements or police reports, as well as any other pertinent details. Calling your insurance company immediately is a good idea so that they can start to process your claim and gather evidence from the scene.
In New York, no-fault insurance covers medical expenses and up to 80% of your lost income, up to the policy limits. It also covers noneconomic losses like suffering and pain. 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 constructed or designed in a flawed manner. Your lawyer could suggest that you sue both the driver and the manufacturer if the car is defective. You can sue the public body responsible for road maintenance or construction if it has knowledge or should have known about dangerous conditions on its roads. However,
auto accident lawsuit you cannot hold an individual employee liable in such a case.
Damages
You aren't able to calculate the exact amount of these damages, but it will depend on the laws of your state and the extent of the injury. However, it's a good idea to have your medical bills and other expenses documented by a professional, and to include estimates of future losses.
When you are negotiating compensation, a plaintiff's attorney will seek out as much evidence as possible to back their client's claim. This includes eyewitness testimony, police reports and medical records. In certain instances, your attorney may request information from the lawyers of the defendant and the defendant in a process known as discovery. This may also involve depositions which are where your lawyer asks you questions under oath on the accident and injuries.
Sometimes, both parties reach a settlement before the case goes to trial. This is common in the case of car accidents, because both parties want to save money and time in legal costs and also avoid the stress that comes with a trial. This can occur at any point during the course of the case, but it is more likely to happen after the discovery process. It can also happen when one side discovers or reveals important information that they think makes it impossible for the other side to win.
Medical bills
Medical expenses can be the most expensive expense incurred in an auto accident. They can come from private healthcare providers like medical clinics and hospitals or the government-run healthcare system like Medicare and Medicaid. Regardless of where the medical bills are originating from, it is crucial that the patients have adequate financial protection to cover these costs. Personal injury lawsuits can be filed by car accident victims to recover the costs.
In some instances,
auto accident law firm or health insurance will pay for the expenses prior to when an agreement is reached or a settlement is agreed upon. This can reduce the amount of settlement total and help the victim avoid having to pay out of pocket for expenses.
However, the insurers who paid these expenses may attempt to recoup the money that they spent from the accident victim via a process referred to as subrogation. Therefore, it is essential to have an attorney by your side who is knowledgeable about this procedure and will fight to get fair compensation.
Certain drivers also have an additional type of
auto accident lawsuits insurance referred to as "medical payment," or "PIP." It covers medical bills without determining fault the incident. This type of insurance does not typically have a deductible, and is available to all injured car accident victims. However, even this insurance isn't unlimited and should not be relied upon to cover all of your medical expenses.
Settlements
A fair settlement will cover all of your expenses including medical bills lost wages, and property damage. It must also include a amount to compensate for any long-term impairments or damages, such as decreased mobility or suffering and pain. It is important to speak with an experienced attorney to secure the maximum amount for your damages and injuries.
The process of obtaining a settlement can take months or years, depending on the nature of your case. The timeframe for settlements can differ between states and depend on the complexity of your case.
Typically, after a full investigation of the accident our legal team will submit an order letter to the at-fault driver's insurance provider. We will bargain with the insurance provider to obtain a reasonable offer for your settlement.
If negotiations with the insurance company do not succeed your lawyer will initiate a lawsuit against the liable party in a court. Then the discovery phase begins, which is an official process in which both parties exchange information and evidence. During this stage your lawyer will seek information from the defendant and his or her attorneys in the form of written questions (called interrogatories) and oral testimony via depositions.
During the time of discovery and trial, your lawyer can file legal documents, also known as motions in court which the judge will read and rule on. If one of the parties is unhappy with the verdict of the trial, they can appeal, which can add to the length of your case by months or years.