How to File an
Auto Accident LawsuitIf an insurance company's settlement offer is not sufficient to cover your losses, you may bring a lawsuit. The process begins when your lawyer lodges a legal claim.
Your lawyer will gather information from experts and witnesses. They will also study police reports and medical treatment records. This is known as discovery.
Liability
After an accident, it is the responsibility of the responsible party to file a claim for liability with their insurance company. The claim must be filed within the legal time frame set by the state in which your car accident occurred. Insurance companies are often tempted to pay out as little as possible for legitimate claims. It is essential to be protected. Keep all the evidence you can at the scene, including photos and witness statements, police reports and any other relevant information. It is also a good idea to call your insurance company immediately, so they will begin processing your claim and collecting evidence from the scene.
In New York, the no-fault system will pay medical bills and up to 80 percent of the loss of income up to the limits of your policy. Also, it covers non-economic losses like pain and suffering. You must prove that the other driver was negligent. The extent 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. Your lawyer might suggest that you sue both the driver and the manufacturer if the vehicle is defective. You can sue the government entity responsible for road maintenance or construction in the event that it is aware or should have been aware of unsafe conditions on its roads. However, you cannot claim that an individual employee is liable in such a case.
Damages
Depending on the laws in your state and the extent of your injuries, compensation can cover things such as medical bills or car repairs, loss of income, property damage, and "pain and suffering." It's difficult to determine the value of these losses with complete accuracy. However it is recommended to have your medical expenses and other costs documented by a professional and to include your projected future losses as well.
A lawyer representing a plaintiff will seek the most evidence to support the client's claim as is possible when trying to negotiate compensation. This can include eyewitness testimony or police reports, as well as medical records. In certain cases the attorney will seek information from the defendant and their attorneys in a process called discovery. Deposits could be required, in which your lawyer will ask questions about the accident and injuries under oath.
Sometimes both parties will reach a settlement before the lawsuit even reaches trial. This is typical in car accidents because both parties want to save time and money on legal costs, as well as to avoid the stress of an upcoming trial. This can happen at any time during the course of the case, but it is more likely to occur after the discovery process has been completed. It can also happen after one party learns or divulges information they believe makes it impossible for the other side to prevail.
Medical bills
Medical bills can be the most expensive expense incurred in an accident. They can come from private healthcare providers like hospitals and medical clinics, or government-run healthcare, such as Medicare and Medicaid. No matter where the medical bills originate from, it's crucial that the patients have adequate financial coverage to pay these expenses. Victims of car accidents can file a personal injury lawsuit to recover the costs.
In some cases the health insurance or auto insurance will cover these expenses before a verdict or settlement is reached. This can reduce the amount of the settlement and save the victim from having to pay out of pocket for costs.
However, the insurers who paid for these expenses might try to recover the amount they spent from the accident victim via a process referred to as subrogation. Consequently, it is important to have a lawyer on your side who understands the intricacies of this process and will fight for fair compensation.
Certain drivers also have an additional type of
auto accident law firm insurance referred to as "medical payment" or "PIP." It pays medical expenses without determining fault in the accident. This type of insurance is typically accessible to all crash victims and does not require an minimum deductible. Even this insurance has limitations and you should not rely on it to cover all medical expenses.
Settlements
A fair settlement will cover all your expenses, including medical bills, lost wages, and property damage. It should also include a payment to compensate for any long-term limitation or damage such as a decreased mobility or suffering and pain. You should consult a seasoned lawyer to ensure that you receive the maximum amount of money for your injuries and losses.
The process of obtaining a settlement could take months or years, depending on the nature of your case. The timeframe for settlements differs between states and is affected by the nature of your claim.
Typically, following a thorough investigation of the incident our legal team will send an appeal letter to the at-fault driver's insurance provider. We will negotiate with the insurance company to reach a fair settlement for your settlement.
If negotiations with the insurer do not succeed, your lawyer will file a court lawsuit against the responsible party. The discovery phase is the formal exchange of information and evidence between the parties. During this stage your lawyer will ask the defendant and defendant's attorneys for information in the form written questions (called interrogatories), and oral testimony via depositions.
The attorney's lawyer can bring motions to court during the discovery period or during trial. The judge will review the motions and decide. If one of the parties is dissatisfied with the outcome of the trial they can appeal. This could increase the length of your case by months, or even years.