Write About Everything

How to Build an Auto Accident Legal Claim

A lawyer who handles car accidents will take into account all the ways your injuries have affected your life. This includes future and current medical treatment costs, lost wages and emotional effects.

A lawyer with a lot of experience in preparing cases involving car accidents and proving them is vital. Insurance companies know that lawyers who are willing to go to trial will fight to get the maximum compensation.

Traffic collisions

A traffic collision is any type of accident that involves one or more vehicles. These accidents may also include pedestrians, stationary obstacles like poles or buildings and animals and road debris. They can also occur on private or public roads. Traffic collisions can be intentional or accidental. Examples of traffic crimes committed intentionally include vehicular murder and suicide.

According to the NYC Open Data initiative car accidents are among the most common kinds of incidents that occur in New York City. The city maintains a public database of every motor vehicle collision. The database contains information about the date, time, location and severity of the collision.

Report all traffic accidents, even if they seem minor. If you don’t do so, you could lose your rights to compensation from other driver or insurance company. Failing to report a collision can also lead to suspension of your driver’s license or other penalties.

It is important to call the police and get photos of the scene after an accident, if you are involved in an accident. It is also important to collect all the other driver’s information including their insurance company. If you can’t locate the other driver and you are unable to locate the driver, you can make a claim through your own auto insurer or with a family member’s insurance. You could also be able to file an insurance claim through the state’s special fund for catastrophically injured people that is known as the New York Motor Vehicle Accident Indemnification Corporation (MVAIC).

At-fault driver citations


In states that have fault-based car insurance laws the insurer of the driver at fault will pay for medical and vehicle repair costs for all other drivers involved in a crash. However there are different forms of compensation that you may seek for the losses that resulted from the accident. In these cases you will need to show that the other driver was negligent. Traffic citations are an excellent form of evidence.

In a majority of police stations, officers are free to issue a driver with warning after an accident. If they believe that the driver was responsible for the accident by committing a moving infraction then they usually issue an citation. The type of offense also plays a part in determining the fault of the insurance company.

Certain states have boxes that indicate the “contributing factors” of an accident. This allows police officers to assign a percentage blame to a particular driver. For instance, if you were hit by a vehicle who was driving straight through a red light and you had the chance to get out of the way but did not and you did not, you could be assigned some percentage of the blame for the incident.

auto accident law firm illinois experienced personal injury attorney will assist you in proving that the driver who was driving in violation of his or their duty of care to drive in a safe manner and obey the rules of the road. You may then seek damages to compensate for your physical and mental injuries. If your losses exceed your liability insurance coverage, you may file suit against the driver who is at fault.

Counterclaims

Following a car accident and the parties involved have a certain amount of time to file a lawsuit. The deadlines vary between states, however, a lawsuit filed within the right time frame can be a powerful way to recover compensation for losses and injuries due to the collision. An experienced lawyer can assist you in negotiating with insurance companies and bring your case to court.

One of the first steps that you and your attorney begin the legal procedure is to submit a police report. This crucial document contains a summary of the incident, details and evidence collected at the scene, testimony from witnesses and more. It is often used by attorneys and insurance companies to determine the cause of the incident and the kinds of damages you may be entitled to claim.

When your attorney files the report after which both sides will engage in a series called discovery. Your attorney will ask Defendant representatives questions and obtain details about their account of events, including the extent of your injuries. Your lawyer may also seek experts’ opinions to back up your claims and give credibility to your case.

The filing of a counterclaim is an often used strategy for at-fault parties in order to tip the scales to their advantage. This is particularly common in states with modified laws on comparative negligence that require victims to prove they were less than 50% responsible for the accident.

Comparative negligence

The process of determining who is to blame for a car crash is often confusing and sometimes, it can be difficult. This is especially true in states that have shared fault or comparative negligence rules. According to comparative negligence laws, an injured person can recover damages less their percentage of blame for the accident. For instance in the event that you were found to be negligent in 20 percent and your claim would be reduced by 80 .

New York is a pure comparative negligence state, so should your case go to the courtroom, judges and juries will assess the degree of blame each party is responsible for the accident and reduce damages awarded by that same amount. Insurance companies apply principles of comparative negligence when evaluating claims from third parties.

There are three main types of comparative negligent three types of comparative negligence: pure comparative negligence and modified comparative fault and contributory negligence. Texas is among the states that adhere to the modified rule of comparative negligence. Texas was a part of the old Joint and Several Liability Rule, which held each defendant/tortfeasor responsible for the total amount that the victim was liable for damages.

Your attorney will ask oral questions of witnesses, medical professionals and police officers involved in the accident through a process called depositions. These will assist the legal team build your auto accident case. Your testimony can help strengthen your case.