How to Build an Auto Accident Legal Claim
In deciding whether to file a lawsuit, an attorney for car accidents will take into consideration all the ways that your injuries have impacted your life. This includes current and future medical costs loss of wages, emotional effects.
A lawyer who has extensive experience in preparing cases involving car accidents and proving them is vital. Insurance companies are aware that attorneys who are willing to go to trial will fight for maximum compensation.
Traffic collisions
A traffic collision is any kind of accident involving one or more vehicles. These accidents can also include pedestrians, stationary obstacles like poles or buildings and animals road debris or road debris. They can also happen on private or public roads. Traffic accidents could be accidental or deliberate. Some examples of intentional traffic-related crimes include vehicular murder and vehicular suicide.
According to the NYC Open Data Initiative car accidents are among the most common kinds of accidents in New York City. The city maintains a public database of every motor vehicle collision. It contains information regarding the date and time of the collision, its location and its severity.
Report all traffic accidents, even if they seem minor. You may lose your right to compensation if you do not report the accident. Failure to report a collision can also lead to the suspension of your license or other penalties.
If you are involved in a traffic accident it is imperative to call the police right away and to snap photos of the scene. Also, you should collect all of the information about the other driver including their insurance company. If you're unable to find the other driver, you can file a claim using your own auto accidents (
image source) insurance or a policy of a family member. You may also be able to file a claim with the state's special fund for catastrophically injured people, called the New York Motor Vehicle Accident Indemnification Corporation (MVAIC).
At-fault driver citations
In states that follow rules based on fault, the at-fault driver's insurer covers the cost of medical and vehicle repairs for other drivers involved the crash. You can still get compensation for your loss. In such cases you must be able to provide proof that the other driver was negligent or careless. Traffic citations are an excellent way to prove it.
In most police communities officers have the discretion of whether they give a driver a ticket following an accident. If they believe that the person caused an accident through an unintentional violation, they usually do issue a ticket. The nature of the incident will play a role in the insurance company's determination of the fault.
Certain states have boxes that indicate the "contributing factors" of an accident. This allows police officers to assign a percentage responsibility to a specific driver. For instance, if you were hit by another driver who was going straight through a red light, and you had the chance to get away from the way, but didn't take the opportunity, you could be given a percentage of blame for the accident.
An experienced personal injury lawyer can assist you in proving that the other driver violated his or her obligation to drive safely and abide by the rules of the road. You could then seek damages to pay for your physical and mental injuries. If your losses are greater than what your liability insurance will cover you may be able to bring a lawsuit against the at-fault driver.
Counterclaims
If a car crash occurs, parties involved have a limited amount of time to pursue legal action. The deadlines for filing lawsuits can vary from state to state, however, a lawsuit filed within the proper timeframe can be a viable method of obtaining compensation for injuries and losses resulting from the collision. A lawyer with experience can assist you in negotiating with insurance companies and bring your case to court.
Your lawyer and you will begin the legal process by filing a police report. The report is a crucial document that includes an overview of the incident, data and evidence gathered at the scene, statements from witnesses and more. This document is used by insurance companies as well as attorneys to determine fault, and what damages you may be entitled to.
Once your attorney files the report and both sides will engage in a series known as discovery. This is where your lawyer will ask questions of the representatives of the defendant, and get information on their account of events, including their assessment of the severity of your injuries. Your lawyer may also seek experts' opinions to back up your claims and add credibility to the case.
Counterclaims are a common way for those who are at fault to tip the scales in their way. This is particularly common in states that have modified the law of comparative negligence,
Auto accidents which require victims to prove that they are less than 51 percent at fault for the crash.
Comparative negligence
Identifying who is at fault for the cause of a car crash can be confusing and often times difficult. This is especially true in states that have shared fault or common negligence rules. According to comparative negligence laws, an injured person can receive compensation less their percentage of blame for the accident. If you are found to be 20 percent negligent, your claim will be reduced by the amount of 80%.
New York is a state that recognizes only comparative negligence. If your case reaches court, the judge and jury will compare the amount of blame each party has contributed to the accident, and reduce the amount of damage awarded by the same amount. Insurance companies employ principles of comparative negligence when evaluating claims from third parties.
There are three general types of comparative negligent such as pure comparative neglect and modified comparative fault and contributory negligence. Texas is among the states that abide by the modified rule of comparative negligence. Prior to 1995, Texas followed the traditional Joint and Several Liability Rule which held each tortfeasor/defendant to be accountable for the entire amount of the victim's damages.
Depositions allow your attorney to ask questions orally to witnesses, police officers, and medical professionals involved in the collision. These will help the legal team to build your
auto accident lawyer accident case. Your testimony will help strengthen your case.