How to File an
Auto Accident LawsuitYou can start a lawsuit if a settlement offer from an insurance company does not cover your damages. The process begins when your attorney is able to file a lawsuit.
Your lawyer will collect information from witnesses and experts. They will also review medical and police reports. This is known as discovery.
Liability
After an accident, it is the responsibility of the responsible party to submit a claim of liability with their insurance company. The claim must be filed within the legal period set by the state in which your car accident occurred. Insurance companies are often tempted to pay out the smallest amount possible to settle legitimate claims. It is essential to safeguard yourself. Keep all relevant information such as photographs, witness statements and police reports, and any other relevant information, at the scene. Contacting your insurance company right away is a good idea, so that they can start to process your claim and collect evidence from the scene.
In New York, no-fault insurance covers medical expenses as well as up to 80% your lost income, up to the limits of the policy. Also, it covers non-economic losses such as suffering and pain. However, you must be able to prove the negligence of the other driver caused your injury. The severity of your injuries affects both the non-economic and economic damages you're entitled to.
Sometimes, automobiles are manufactured or designed in a flawed manner. In these cases, your attorney may recommend filing a lawsuit against the manufacturer, in addition to the driver responsible for the accident. You can sue the government body responsible for road maintenance and construction if it knows or should be aware of the dangers on its roads. However, you can't make an individual employee accountable in such a lawsuit.
Damages
You can't calculate the exact amount of these damages, but it's contingent on the laws in your state and the extent of the injury. However it is an excellent idea to have your medical expenses and other costs documented by a professional and include your estimated future losses as well.
A lawyer representing a plaintiff will seek as much evidence in support of the client's claim as much as is possible when negotiations for compensation. This can include eyewitness testimony or police reports, as well as medical records. In certain situations, your attorney could request information from the defendant's attorneys as well as the defendant in a procedure known as discovery. Depositions may be necessary, in which your lawyer asks questions about the accident or injuries under an oath.
Sometimes, both parties will reach a settlement before the lawsuit ever reaches trial. This is typical in car accidents because both parties are looking to save money and time in legal costs as well as avoid stress that comes with going to trial. This can happen at any point in the course of the case however it is more likely to occur after the discovery process is finished. It can also occur after one side has learned or discloses important information that they believe is insurmountable for the other side to prevail.
Medical bills
Medical bills are often the biggest expense associated with the aftermath of a car crash. They can be incurred by private healthcare providers such as clinics and hospitals as well as from government-funded healthcare such as Medicare and Medicaid. It is crucial to have adequate financial coverage for the victims, regardless of where the medical costs come from. Accident victims are able to file a personal injury lawsuit to recover these expenses.
In some instances health insurance or
Auto accident law Firm insurance will cover these expenses prior to a settlement or verdict is reached. This could lower the total settlement amount and avoid the victim having to pay out of pocket expenses.
However, the insurance companies who paid these expenses may attempt to recover the money they incurred from the victim through a process called subrogation. It is therefore important to have an attorney by your side who understands the procedure and will fight to get fair compensation.
Certain drivers have an additional type of insurance for their vehicles called "medical payment," or "PIP." It covers medical expenses without determining fault in the accident. This coverage is generally accessible to all car accident victims and does not require an minimum deductible. Even this insurance has limitations and you should not count on it to cover all of your medical costs.
Settlements
A fair settlement should cover your losses, including medical bills, property damage and lost wages. The settlement should also cover compensation for any long-term damages or limitations, like reduced mobility or discomfort and pain. You should consult an experienced lawyer to ensure that you receive the maximum amount of money for your injuries and damage.
The process of obtaining a settlement can take months or years, depending on the complexity of your case. The time frame can vary between states and depends on the extent of the case.
Typically, after a full investigation of the accident, our legal team will submit a demand letter to at-fault driver's insurance provider. We will discuss with the insurance company to negotiate a fair offer for your settlement.
If negotiations with the insurance company do not succeed your lawyer will bring an action against the responsible party in the court. The discovery phase will begin, which is a formal process where both parties exchange information and evidence. During this time, your attorney will request information from the defendant and his or her attorneys in the form of written questions (called interrogatories) and oral testimony via depositions.
Your attorney may file motions in court during the discovery period or trial. The judge will consider them and make a decision. If one of the parties is unhappy with the outcome of the trial, they can appeal, which could extend the duration of your trial by months or years.