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How to File an Auto Accident Lawsuit

If the settlement offer from an insurance company is not sufficient to cover your damages, you can start a lawsuit. The process begins with your attorney filing a legal complaint.

Your lawyer will collect details from witnesses and experts. They will also go through medical and police reports. This is called discovery.

Liability

After an accident, the party responsible must file a liability claim with their insurance company. The claim must be filed within the legal deadline established by the state in which the incident occurred. Insurance companies can be enticed to make as little payment as they can on legitimate claims, and so it is essential to take precautions to safeguard yourself. Note all relevant information such as photographs, witness statements and police reports, and other pertinent information at the scene. Calling your insurance provider immediately is a good idea, so they can begin processing 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, up to the limits set by the policy. Also, it covers non-economic losses such as pain and suffering. You must prove that the other driver was negligent. The severity of your injuries affects both the non-economic and economic damages you are entitled to.

Sometimes, vehicles are not properly constructed or designed. In these instances the lawyer could suggest that you sue the manufacturer, in addition to the driver who caused the accident. You can also 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 cannot hold an individual employee liable in such a lawsuit.

Damages

Based on the laws of your state and the extent of your injuries, compensation may cover things such as medical bills as well as car repairs, lost income, property damage, and “pain and suffering.” It’s difficult to calculate the worth of these losses with complete accuracy. It’s best to have your medical costs and other expenses documented and include your estimated future loss.

When it comes to negotiating compensation, a lawyer representing a plaintiff will try to find as much evidence as is possible to support their client’s argument. This includes eyewitness statements, police reports and medical records. In some instances your lawyer will request information from the defendant as well as their attorneys in a process called discovery. Depositions may also be required which are where your lawyer asks you questions under oath on the incident and your injuries.

Sometimes, both parties reach an agreement before the lawsuit even reaches trial. This is typical in the case of car accidents, since both parties want to save money and time in legal costs as well as avoid stress that comes with a trial. This can happen at any point in the course of the case, but it is more likely to happen during the discovery process. It can also happen after one party learns or discloses important information they believe makes it impossible for their opponent to prevail.

Medical bills

Medical expenses are often the biggest expense following an 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 come from, it’s crucial that the victims have insurance to cover these costs. Personal injury lawsuits can be filed by victims of car accidents to recover these expenses.

In some instances, auto or health insurance will pay for the expenses prior to when a verdict is reached or a settlement is made. auto accident lawsuit harlingen can help reduce the overall amount of the settlement and also prevent the victim from having to cover out-of-pocket expenses.

However, the insurers who pay for these expenses might attempt to recover the amount they paid from the accident victim by a process known as subrogation. It is therefore important to have an attorney on your side who is knowledgeable about the procedure and will fight to get fair compensation.

Some drivers also have a particular type of insurance policy known as “medical payment” or “PIP.” This type of insurance usually pays medical bills directly and does not need to establish fault for the crash. The coverage is generally accessible to all car accident victims and does not require the payment of a deductible. However, it is subject to limitations and you should not rely 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. It should also include a portion to compensate for any long-term injuries or limitations, such as decreased mobility or suffering and pain. You should seek the advice of an experienced attorney to obtain the most compensation for your injuries and damage.

The process of obtaining a settlement could take months or years depending on the complexity of your case. The timeframe for settlements can vary from state to state and depends on the extent of the case.

After an in-depth investigation of your accident, we will send a demand to the insurance company of the driver who was at the fault. We will bargain with the insurance provider to get a fair price for your settlement.

If negotiations with the insurance company do not succeed and your lawyer is unable to resolve the issue, he will bring a lawsuit against the liable party in court. The discovery phase is the formal exchange of information and evidence between both parties. During this stage your attorney will request information from the defendant and his or her attorneys in the form of written questions (called interrogatories) and oral testimony through depositions.

Throughout the discovery phase and trial, your attorney may file legal documents called motions to the court which the judge will then review and rule on. If one of the parties is dissatisfied with the verdict of the trial, they may appeal, which could increase the length of your case by months or even years.