How to File an
Auto Accident LawsuitIf an insurance company's settlement offer does not adequately cover your damages, you can start a lawsuit. The process begins when your attorney is able to file a lawsuit.
Your lawyer will gather details from witnesses and experts. They will also examine police reports and medical records. This is known as discovery.
Liability
After an
auto accident, it's the responsibility of the party responsible to make a claim for liability with their insurance company. The claim must be made within the legal deadline set by the state where the accident occurred. Insurance companies are often tempted to pay the least amount they can for
Auto Accident Lawsuit legitimate claims. It is important to ensure your safety. Note all relevant information such as photos, witness statements, police reports, and any other pertinent information at the scene. Contacting your insurance company right away is a good idea so that they can begin to process your claim and gather evidence from the scene.
In New York, no-fault insurance covers medical expenses as well as up to 80% of your lost income, subject to the policy limits. It also covers non-economic losses such as suffering and pain. However you must be able to prove that the negligent driving of the other driver that caused your injury. The severity of your injuries will determine the amount of non-economic and economic damages you're entitled to.
Sometimes, vehicles are not properly constructed or designed. In these cases your attorney might suggest filing a lawsuit against the manufacturer as well as the driver accountable for the crash. You can sue the public body responsible for road construction or maintenance if it has knowledge or
auto accident lawsuit should be aware of the dangers on its roads. But, you cannot hold an individual employee liable in such a lawsuit.
Damages
In accordance with the laws of your state and the severity of the injuries you sustained, compensation may be used to pay for things like medical bills or car repairs, loss of income, property damage, and "pain and suffering." It is impossible to determine the value of these damages with complete precision. It's best to have your medical costs and other expenses be documented, along with the estimated future loss.
A lawyer for a plaintiff will make use of as much evidence in support of the client's claim as much as is possible when negotiating compensation. This can include eyewitness testimony or police reports medical records. In certain situations, your attorney could request information from the attorneys of the defendant and the defendant through a process known as discovery. Deposits may be required, in which your lawyer asks questions about the accident and injuries under the oath.
Sometimes, both parties accept a settlement before the trial. This is typical in the case of car accidents, because both parties are looking to save money and time in legal costs as well as avoid anxiety that comes with the prospect of trial. This can happen at any point during the case however, it is likely to happen after the discovery process has finished. It can also occur after one party learns or discloses important information they believe makes it impossible for their opponent to win.
Medical bills
Medical bills can be the most expensive expense incurred in a car accident. These bills can be from private healthcare providers such as hospitals and medical clinics, or the government-run healthcare system like Medicare and Medicaid. Whatever the source of the medical bills are originating from, it is crucial that the victims have insurance to cover the expenses. Victims of car accidents can file a personal injuries lawsuit to recover these expenses.
In some instances automobile or health insurance will pay for the expenses prior to when the verdict is reached or a settlement has been reached. This can lower the total settlement amount and help the victim avoid having to pay out of pocket for costs.
Subrogation is a legal procedure that allows insurers to recover the amount they paid for 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 also have a form of insurance policy known as "medical payment" or "PIP." This type of insurance usually pays medical bills in one lump sum, without needing to determine the cause of the crash. The coverage is generally accessible to all crash victims and does not require an deductible. Even this coverage has limitations, and you shouldn't depend on it to cover all medical expenses.
Settlements
A fair settlement will cover all of your losses including medical bills, lost wages and property damage. The settlement should also cover the cost of any long-term damage or limitations, such as a decrease in mobility or discomfort and pain. You should seek the advice of an experienced lawyer to receive the maximum amount of money for your injuries and the damages.
The process of obtaining a settlement could take months or years depending on the complexity of your case. The time frame can vary from state to state and depends on the complexity of your case.
After a thorough investigation of your accident, we will send a claim to the insurance company of the driver at the fault. We will work with your insurance company to reach an appropriate settlement offer.
If negotiations with the insurance company fail the lawyer will file a court case against the responsible party. The discovery phase will begin and is a formal process where both parties exchange information and evidence. In this phase 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 period and trial, your lawyer may file legal papers, referred to as motions to the court, which the judge will review and rule on. If one of the parties is not satisfied with the outcome of the trial, they can appeal. This can add to the length of your case by months or even years.