How to File an
Auto Accident Lawsuit
You can bring a lawsuit if the settlement offer from an insurance company doesn't compensate you for your losses. The process begins when your attorney files a legal complaint.
Your lawyer will gather information from witnesses and experts. They will also study medical and police records. This is called discovery.
Liability
After an accident, it is the responsibility of the responsible party to make a claim for liability with their insurance company. The claim must be filed within the timeframe established by the state in which the accident occurred. Insurance companies are often enticed to pay out as little as they can for legitimate claims. It is crucial to be protected. Record everything you can at the scene including photos witnesses' statements or police reports, as well as any other relevant details. Calling your insurance company immediately is a good idea so that they can begin to process your claim and gather evidence from the scene.
In New York, the no-fault system covers medical bills and up to 80 percent of the loss of income, subject to policy limits. It also covers non-economic damages like suffering and pain. You must prove that the other driver was negligent. The degree of your injuries impact both the non-economic and economic damages you're entitled to.
Sometimes, cars are designed or manufactured in a manner that is defective. In these instances your lawyer may suggest taking action against the manufacturer in addition to the driver responsible for
Auto Accident the crash. You can sue the government body responsible for road construction or maintenance if it knows or should have known about dangerous conditions on its roads. But, you cannot in any way hold an individual employee responsible in a lawsuit.
Damages
It's impossible to determine the exact value of these damages, but it depends on the laws in your state and the severity of the injury. However it's recommended to have your medical bills and other expenses documented by a professional and include your estimated future losses as well.
A plaintiff's lawyer will use as much evidence to support the client's claim as much as is possible when negotiations for compensation. This includes eyewitness evidence, police reports and medical records. In some instances the attorney will seek information from the defendant and their attorneys in a procedure known as discovery. This may also involve depositions in which your lawyer will ask you questions under oath concerning the accident and the injuries you sustained.
Sometimes, both parties agree to a settlement even before the case goes to trial. This is common in the case of car accidents, since both parties want to save money and time on legal fees as well as avoid anxiety that comes with going to trial. This can occur at any point during the case, but is more likely to happen during the discovery process. It could also happen when the other party learns or shares important information they believe makes it impossible for their opponent to prevail.
Medical bills
Medical bills are often the largest expense after the crash of a vehicle. The bills could come from private healthcare providers like clinics and hospitals or from healthcare that is provided by government agencies like Medicare and Medicaid. Regardless of where the medical bills come from, it's important that patients have the proper insurance to cover the expenses. Personal injury lawsuits can be filed by victims of car accidents to recover the costs.
In some instances, auto or health insurance will cover the costs prior to an agreement is reached or a settlement is agreed upon. This can help reduce the total amount of the settlement and also prevent the victim from having to pay for out-of-pocket expenses.
However, the insurance companies that paid for these expenses might try to recover the amount they spent from the accident victim via a process referred to as subrogation. It is therefore crucial to have a lawyer on your side who knows the intricacies of this procedure and will fight for fair compensation.
Certain drivers also have a particular type of car insurance coverage known as "medical payment" or "PIP." This form of
auto accident insurance typically pays medical bills in one lump sum, without needing to determine the cause of the accident. This type of insurance typically does not have a deductible, and is accessible to all car accident victims. Even this coverage has limitations, and you shouldn't rely on it to cover all of your medical costs.
Settlements
A fair settlement should be able to cover your expenses, such as medical bills, property damage and lost wages. It should also include a portion to pay for any long-term impairments or damages like a decrease in mobility or suffering and pain. It is important to speak with an experienced lawyer to secure the maximum amount for your damages and injuries.
The process of obtaining a settlement could take months or years, depending on the nature of your case. The time frame can vary between states and depends on the nature of your case.
After an in-depth investigation of your accident, we will make a formal demand
Auto Accident to the insurance company of the driver at the fault. We will negotiate with the insurance company to get a fair price for your settlement.
If negotiations with the insurance company fail then your lawyer will initiate an action against the responsible party in court. The discovery phase is the formal exchange of information and evidence between the two parties. During this time your lawyer will seek information from the defendant and his or her attorneys in the form of written questions (called interrogatories) and oral evidence through depositions.
During the discovery period and trial, your attorney could file legal documents known as motions in court which the judge will examine and decide on. If one of the parties is not satisfied with the verdict of the trial, they can appeal, which could increase the length of your trial by months or years.