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How to File an Auto Accident Lawsuit If the settlement offer offered by an insurance company is not sufficient to cover your losses, you may start a lawsuit. The process begins with your attorney filing a lawsuit. Your lawyer will collect details from witnesses and experts. They will also look over police reports and medical records. This is called discovery. Liability After an accident, the party responsible must file a claim for liability with their insurance company. The claim must be filed within the deadlines determined by the state where the incident occurred. Insurance companies are often tempted to pay out as little as they can for legitimate claims. It is crucial to be protected. Document everything you can at the scene including photographs witnesses' statements and police reports as well as other pertinent details. It's recommended to contact your insurance company promptly, so they will begin processing your claim as well as collecting 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. It also covers non-economic losses such as pain and suffering. You must prove that the other driver was negligent. The severity of your injuries will determine the amount of economic and non-economic damages you're entitled to. Sometimes automobiles are constructed or designed in a manner that is defective. Your lawyer might suggest that you sue the driver and the manufacturer in the event that the vehicle is defective. You may also sue the government entity responsible for road maintenance and construction in the event that it is aware or should have known of dangerous conditions on its roads. However, you are not able to claim that an individual employee is liable in such a lawsuit. Damages Depending on the laws in your state and the extent of your injuries, compensation may include things like medical bills, car repairs, lost income, property damage, and “pain and suffering.” It is impossible to estimate the value of these damages with complete accuracy. It's best to have your medical costs and other expenses recorded and include an estimate of your future loss. When you are negotiating compensation, a lawyer representing a plaintiff will look for as much evidence as possible to prove their client's case. This includes eyewitness evidence, police reports and medical records. In some instances, your attorney will request information from the defendant and their attorneys in a procedure called discovery. Depositions are also possible, where your lawyer asks you questions under oath on the incident and your injuries. Sometimes both parties will agree to an agreement before the lawsuit ever reaches trial. This is often the case in car accidents as both parties want to save time and money on legal expenses, as well as avoid the stress of an upcoming trial. This can happen at any point during the litigation however, it is likely to happen after the discovery process has finished. It could also occur after one party learns or discloses important information that they believe is insurmountable for the other side to prevail. Medical bills Medical expenses can be the most expensive expense incurred in a car accident. These bills can be from private healthcare providers like hospitals and medical clinics or government-funded healthcare like Medicare and Medicaid. It is essential to have adequate financial coverage for the victims, no matter where the medical costs come from. Victims of car accidents can file a personal injuries lawsuit to recover the costs. In some instances, auto or health insurance will cover the expenses before the verdict is made or a settlement has been reached. This can reduce the amount of the settlement and help the victim avoid having to pay out of pocket for costs. However, the insurance companies who have paid for these expenses could try to recover the amount they paid from the accident victim by a process known as subrogation. It is therefore essential to have an attorney by your side who is knowledgeable about this procedure and will fight to get fair compensation. auto accident attorneys hollywood are covered by an additional type of insurance for their vehicles called “medical payment,” or “PIP.” It pays medical expenses without determining fault in the accident. The coverage is generally accessible to all crash victims and does not require the payment of a minimum deductible. However, this coverage is not without limitations and you should not be relying on it to pay all of your medical costs. Settlements A fair settlement should be able to cover your losses, including medical bills or property damage, as well as lost wages. It should also include a portion to compensate for any long-term injuries or limitations that result from decreased mobility or pain and suffering. You should consult a seasoned attorney to obtain the maximum amount of money for your injuries and losses. The process of settling a case can take months or years, depending on the nature of your case. The time frame can vary from state to state and depends on the extent of the case. Typically, after a full investigation of the incident, our legal team will send a demand letter to the at-fault driver's insurance company. We will work with your insurance company to get a fair settlement offer. If negotiations with the insurance company fail your lawyer will file a court case against the responsible party. The discovery phase is the formal exchange of information and evidence between both parties. During this phase your lawyer will ask the defendant and his attorneys for information in the form written questions (called interrogatories) as well as oral testimony through depositions. The attorney's lawyer can present motions to the court during the trial or discovery periods. The judge will examine the motions and then make a final decision. If a party is not satisfied with the outcome of the trial, they are able to appeal. This could prolong the trial by months or years.