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How to Build an Auto Accident Legal Claim

A lawyer for car accidents will take into account all the ways your injuries have impacted you. This includes medical expenses now and in the future along with lost wages and emotional impacts.


A lawyer with extensive experience in preparing cases for car accidents and proving them is vital. Insurance companies know that lawyers willing to take cases to trial will fight to secure maximum compensation.

Traffic collisions

Traffic collisions are any accidents that involve at minimum one vehicle. These accidents can also involve pedestrians, stationary objects such as poles or structures as well as animals road debris, or road debris. auto accident law firm athens can also happen on private or public roads. Accidents that involve traffic can be accidental or intentional. Some examples of intentional traffic-related crimes include vehicular murder and vehicular suicide.

According to the NYC Open Data Initiative Car accidents are among the most frequently types incidents in New York City. The city maintains an online database of all motor car accidents. It contains information regarding the date and time of the collision, its location, and the extent of the damage.

Report any traffic accident even if they appear minor. You may lose your right to compensation if you don’t report the incident. In addition, failing report a crash could lead to a license suspension or other penalties.

It is important to call the police and take pictures of the scene of the accident should you be involved in an accident. You should also gather all the details of the other driver, including their insurance company. If you cannot find the other driver, you can file a claim with your auto insurance company or with a family member’s insurance. You may be able to file a claim through the New York Motor Vehicle Accident Indemnification Corporation, a state-funded fund that provides compensation for catastrophically injured individuals.

At-fault driver citations

In states that follow rules based on fault the insurer of the driver at fault covers the cost of medical and vehicle repairs for the other drivers involved in an accident. You can still seek compensation for your loss. In these cases you must show that the other driver was negligent. Traffic citations are a great evidence.

In the majority of police departments, officers are free to give a driver a citation following an accident. If they believe the driver caused an accident through committing a traffic infraction then they usually issue an citation. The type of offense also influences the determination of the fault of the insurance company.

Certain states have “contributing factor” boxes on accident reports in which officers can assign a percentage to a driver for an incident. If you were hit by a motorist who drove straight through a traffic signal and you could have moved away from the way and didn’t, you could be assigned some percentage of the blame for the crash.

An experienced personal injury lawyer can assist you to prove the other driver violated their duty of care by driving recklessly and not obeying road rules. You can then seek damages for your emotional and physical injuries. If your losses exceed the liability insurance coverage, you may bring a lawsuit against the driver at fault.

Counterclaims

In the event of a car accident, parties involved have an incredibly short time to pursue legal action. These deadlines may differ between states, but a lawsuit filed in the appropriate time frame is a reliable way to recover compensation for losses and injuries resulting from the collision. A knowledgeable lawyer on your side can allow you to collaborate with insurance companies to settle or take your case to trial.

Your lawyer and you will begin the legal process by filing a police report. This critical document includes an account of the incident, data and evidence collected at the scene, testimony from witnesses and more. The document is utilized by insurance companies and attorneys to determine the cause of the incident, and to determine what damages you might be entitled to.

After your attorney files the report, both parties will engage in a series known as discovery. This is where your lawyer will ask questions of the representatives of the defendant and get information on their account of events, including their assessment of the severity of your injuries. Your lawyer can also seek out expert opinions to support your assertions and add credibility to the case.

Counterclaims are a popular method for those who are responsible to tip the scales in their way. This can be especially common in states that have modified laws on comparative negligence, which require victims to prove that they are less than 51 percent at fault for the crash.

Comparative negligence

Determining who is to blame for a car crash is confusing, and sometimes difficult. This is particularly true in states which have adopted common negligence or shared blame rules. Laws that allow for comparative negligence permit the injured party to recover damages, minus their own share of the blame for the accident. If you are found to be 20 percent negligent, your compensation will be reduced by 80percent.

New York is a pure comparative negligence state. So if your case is taken to the courtroom, judges and juries will compare the degree of blame each party attributed to the accident, and will reduce the damage award by the same amount. Insurance companies also utilize standards of comparative fault when evaluating third party claims.

There are three kinds of comparative negligence that are: pure comparative negligence, modified comparative fault, and contributory negligence. Texas is one of the states that abide by the modified law of comparative negligence. Prior to 1995, Texas followed the traditional Joint and Several Liability Rule which held each tortfeasor/defendant to be accountable for the entire amount of the victim’s damages.

Your attorney will be able to ask oral questions of witnesses, police officers and medical professionals involved in the accident through a process called depositions. These will aid the legal team to build your auto accident case. The testimony you provide can assist in proving your claim.