How to File an Auto Accident Lawsuit

You may start a lawsuit if a settlement offer from an insurance company does not cover your losses. The process begins when your attorney lodges a legal claim.

Your lawyer will gather information from witnesses and experts. They will also examine police reports and medical records. This is known as discovery.

Liability

After an accident, it is the responsibility of the person responsible to make a claim for liability with their insurance company. The claim must be filed within the timeframe established by the state where your car accident occurred. Insurance companies might be enticed to make as little payment as they can on legitimate claims, and so it's essential to take the necessary steps to protect yourself. Note everything you can on the scene including photographs, witness statements or police reports, as well as any other pertinent details. It is also a good idea to contact your insurance provider immediately, so that they can begin processing your claim as well as collecting evidence from the scene.

In New York, the no-fault system will pay medical bills and up to 80% of your lost income up to the limits of your policy. It also covers other losses 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 defectively constructed or designed. In these cases your lawyer may suggest that you sue the manufacturer in addition to the driver who caused the crash. You can sue the government entity that is responsible for road maintenance and construction in the event that it is aware or should have been aware of unsafe conditions on its roads. But, you cannot hold an individual employee liable in such a case.

Damages

You aren't able to calculate the exact amount of damages, but it will depend on the laws of your state and the extent of the injury. It's best to have your medical expenses as well as other expenses documented and include your estimated future loss.

A lawyer representing a plaintiff will seek as much evidence in support of the client's claim as is possible when trying to negotiate compensation. This can include eyewitness testimony, police reports, or medical records. In certain cases the attorney will seek information from the defendant as well as their lawyers in a process known as discovery. Deposits could also be required, during which your lawyer will ask questions regarding the accident and injuries under the oath.

Sometimes, both parties will reach a settlement before the case goes to trial. This is often the case in car accidents because both parties wish to save time and money on legal costs and also to avoid the stress of an upcoming trial. This can happen anytime during the case but is more likely to occur during the discovery process. It can also happen when one side discovers or discloses important information that they believe is insurmountable for the opposing side to prevail.

Medical bills

Medical bills are often the largest cost after the crash of a vehicle. These expenses can come from private healthcare providers like hospitals and medical clinics, or the government-run healthcare system like Medicare and Medicaid. It is vital to have sufficient financial protection for the victims, regardless of the source of the medical bills from. Personal injury lawsuits can be brought by victims of car accidents to recover these costs.

In certain cases, auto accident law firm or health insurance will cover the costs before the verdict is made or a settlement is agreed upon. This could lower the amount of settlement total and save the victim from having to pay out of pocket expenses.

However, the insurers that have paid for these expenses could 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 procedure and will fight for fair compensation.

Some drivers also have a type of car insurance coverage referred to as "medical payment" or "PIP." This form of insurance typically pays medical bills directly, without having to determine who is responsible for the crash. This type of insurance is typically accessible to all car accident victims and does not require a deductible. Even this insurance has limitations, and you shouldn't rely on it to cover all medical expenses.

Settlements

A fair settlement should be able to cover your expenses, such as medical bills or property damage, as well as lost wages. It should also include a portion to cover any long-term injuries or limitations like a decrease in mobility or pain and suffering. You should consult a seasoned lawyer to receive the most compensation for your injuries and damages.

The process of obtaining a settlement can take months or years, depending on the complexity of your case. The length of time may differ from state to state and is contingent on the nature of your case.

Typically, following a thorough investigation of your accident, our legal team will submit an appeal letter to the at-fault driver's insurer. We will bargain with your insurance provider to negotiate a fair settlement offer.

If negotiations with the insurance company do not succeed then your lawyer will bring an action against the responsible party in court. The discovery phase is the formal exchange of information and evidence between both parties. In this phase the attorney will inquire of the defendant and defendant's attorneys for information in the form of written questions (called interrogatories) as well as oral testimony through depositions.

Your attorney may present motions to the court during the discovery period or trial. The judge will look over the motions and make a decision. If a party isn't satisfied with the verdict of the trial, they are able to appeal. This can extend the case by several months or even years.