Sol Leff asked 5 months ago
How to File an Auto Accident Lawsuit
You can start a lawsuit if a settlement offer from an insurance company fails to pay for your damages. The procedure begins with your attorney filing a lawsuit.
Your lawyer will collect information from experts and witnesses. They will also review police reports and medical records. This is known as discovery.
Liability
After an accident, the responsible party must file a liability claim with their insurance company. The claim must be filed within the legal time frame set by the state where your car accident occurred. Insurance companies are often tempted to pay out the smallest amount possible to settle legitimate claims. It is important to protect yourself. Record everything you can at the scene including photos, witness statements or police reports, as well as any other pertinent information. Calling your insurance provider immediately is a good idea so they can begin to process your claim and gather evidence from the scene.
In New York, no-fault insurance covers medical expenses and up to 80% of lost income, up to the limits of the policy. It also covers other expenses such as 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 damage you’re entitled to.
Sometimes, cars are constructed or auto Accident lawsuit designed in a defective manner. Your lawyer may suggest that you sue the driver and the manufacturer if the vehicle is defective. You can sue the government agency that is responsible for road construction or upkeep if it has knowledge or should have known about dangerous conditions on its roads. However, you are not able to hold an individual employee liable in a lawsuit.
Damages
Depending on the laws in your state and the extent of the injuries you sustained, compensation may be used to pay for things like medical bills as well as car repairs, lost income, property damage, and “pain and suffering.” It is impossible to determine the value of these damages with absolute accuracy. It is best to have your medical expenses as well as other expenses be documented, along with the estimated future loss.
When negotiations for compensation, a plaintiff’s attorney will look for as much evidence as possible to support their client’s argument. This includes eyewitness statements, police reports and medical records. In certain cases the attorney will seek information from the defendant as well as their attorneys through a process called discovery. Deposits can be necessary, in which your lawyer will ask questions regarding the accident and injuries under oath.
Sometimes, both parties will reach a settlement before the lawsuit ever reaches trial. This is typical in car accidents, as both parties are looking to save money and time on legal fees and also avoid the stress that comes with the prospect of trial. This can happen anytime during the trial, but is more likely to occur following the discovery process. It can also happen after one party discovers or divulges important information that they believe makes it impossible for their opponent to prevail.
Medical bills
Medical bills are usually the largest expense after a car accident. The bills could come from private healthcare providers, like clinics and hospitals, or from government-based healthcare such as Medicare and Medicaid. Regardless of where the medical bills are originating from, it’s important that patients have the proper insurance coverage to pay for the expenses. Accident victims can file a personal injury lawsuit to recover the costs.
In some instances the health or auto accident attorney insurance will cover the costs prior to a verdict is reached or a settlement has been reached. This can reduce the amount of settlement and prevent the victim having to pay out of pocket for expenses.
However, the insurance companies that paid for these expenses might try to recover the amount they spent from the victim through a process called subrogation. It is therefore important to have an attorney by your side who is knowledgeable about this procedure and will fight for fair compensation.
Some drivers are covered by an additional type of auto insurance referred to as “medical payment” or “PIP.” It pays medical expenses without determining fault in the accident. The coverage does not usually have a deductible, and is accessible to all car accident victims. Even this coverage has limitations, and you shouldn’t count on it to cover all of your medical costs.
Settlements
A fair settlement should cover your losses, which include medical expenses as well as property damage and lost wages. It should also include a payment to compensate for any long-term impairments or damages, such as decreased mobility or suffering and pain. You should seek the advice of an experienced lawyer to receive the most amount of compensation for your injuries and losses.
The process of obtaining a settlement can take months or years, depending on the nature of your case. The timeframe for settlements can differ between states and depend on the complexity of your case.
Typically, following a thorough investigation into the accident Our legal team will send a demand letter to the at-fault driver’s insurance company. We will discuss with your insurance company to make a fair settlement offer.
If negotiations with the insurance company fail, your attorney will file a lawsuit against the liable party in a court. Then the discovery phase begins and is a formal process where both parties exchange information and evidence. During this time your lawyer will seek information from the defendant and his or her attorneys in the form of 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 consider the motions and then make a final decision. If a party isn’t satisfied with the outcome of the trial, they can appeal. This could extend the case by several months or even years.