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How to Build an Auto Accident Legal Claim

In deciding whether to file a lawsuit, an attorney for car accidents will look at all the ways in which your injuries have affected your life. This includes medical expenses both now and in the future along with lost wages and emotional impacts.

An experienced lawyer in preparing car accident cases and presenting them to the court is crucial. Insurance companies know that attorneys willing to take cases to trial will fight for maximum compensation.

Traffic collisions

A traffic collision is any kind of accident that involves one or more vehicles. These accidents can also involve animals, pedestrians road debris, stationary obstacles such as poles or structures. They can also occur on public or private roads. Traffic accidents can be intentionally or unintentionally. Examples of traffic-related crimes include vehicular murder and suicide by vehicle.


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

Report all traffic accidents even if they appear minor. If you fail to report the incident, you could lose your right to compensation from the other driver or the insurance company. Failure to report a collision can result in the suspension of your license or other penalties.

If you’re involved in a traffic accident it is imperative to report the incident immediately and to snap photos of the scene. It is also important to collect all the information about the other driver, including their insurance provider. If you are unable locate the other driver you may file a claim through your own auto insurance or a family member’s insurance. You might also be able to file an insurance claim through the state’s special fund for those who have suffered catastrophic injuries that is known as the New York Motor Vehicle Accident Indemnification Corporation (MVAIC).

At-fault driver citations

In states that have laws based on fault, the at-fault driver’s insurer covers medical and vehicle-repair expenses for all other drivers involved in a crash. However there are other forms of compensation you can pursue for losses resulting from the crash. In these cases, you will need to demonstrate that the other driver was negligent. Traffic citations are a great source of evidence.

In the majority of police departments, officers are free to issue a motorist a citation following an accident. If they believe that the driver caused an accident by committing a violation of the law, they will usually issue an citation. The type of offense will also influence the insurance company’s decision on the fault.

Some states have boxes that identify the “contributing factors” of an accident. This allows officers to assign a percentage fault to a specific driver. If you were struck by a driver who went straight through a traffic light and you could have moved away from the way, but didn’t, you could be assigned some proportion of the blame for the crash.

An experienced personal injury lawyer will assist you in proving that the other driver breached his or the duty of care to drive safely and abide by road rules. You could then seek damages to compensate for your physical and mental injuries. If your losses are greater than the amount of liability insurance you have you may bring a lawsuit against the driver at fault.

Counterclaims

After a car accident the parties involved have a certain period of time to initiate legal action. The deadlines for filing lawsuits can vary from state to state however, a lawsuit filed within the appropriate time frame can be a viable way to recover compensation for injuries and losses resulting from the collision. A lawyer with experience will assist you in negotiating with insurance companies, and even take your case to the court.

One of the first steps that you and your attorney begin the legal process is to submit a police report. This report is crucial because it contains a concise summary of what transpired, evidence and information gathered on the scene witness statements, and more. It is often used by attorneys and insurance companies to determine the cause of the incident and the types of damages you might be entitled to claim.

After your attorney has filed the complaint, both parties will engage in a series of exchanges known as discovery. This is the time when your attorney will inquire from the representatives of the defendant and collect information regarding their account of events, including their assessment of the severity of your injuries. Your attorney may also seek out expert opinions to back up your claims and add credibility to the case.

Filing a counterclaim is an often used strategy for at-fault parties who want to tilt the balance to their advantage. This can be especially common in states with modified comparative negligence laws, which require victims to prove they are less than 51 percent responsible for the crash.

Comparative negligence

Identifying who is at fault for an automobile accident can be confusing and at times difficult. This is especially true for states with shared fault or common negligence rules. auto accident law firm norfolk allows the injured party to recover damages, but they must bear their own portion of the blame for the accident. If you are found to be 20% negligent, your claim will be reduced by 80%.

New York is a pure state of comparative negligence, which means that if your case is taken to the courtroom, judges as well as juries will evaluate the amount of fault that each party is responsible for the accident, and will reduce the damage award by that same amount. Insurance companies follow principles of comparative negligence when evaluating claims from third parties.

In general, there are three kinds of comparative negligence such as pure comparative negligence modified comparative fault and contributory negligence. The majority of states, including Texas follow the modified comparative fault rule. Prior to 1995, Texas followed the traditional Joint and Several Liability Rule which held each defendant/tortfeasor accountable for the total amount of the victim’s damages.

Your attorney will be able to ask oral questions of witnesses, medical professionals, and police officers involved in the collision. This is depositions. They will assist the legal team develop your auto accident case. Your testimony could strengthen your case.