How to File an Auto Accident Lawsuit
If the settlement offer of an insurance company does not cover the damages you suffered, you are able to start a lawsuit. The process begins when your attorney lodges a legal claim.
Your lawyer will gather details from witnesses and experts. They will also look over medical and police reports. This is called discovery.
Liability
After an accident, the person responsible must file a claim for liability with their insurance company. The claim must be filed within the legal timeframe established by the state where your car accident occurred. Insurance companies are often tempted to pay out the smallest amount possible to settle legitimate claims. It is crucial to be protected. Keep all relevant information, including photos, witness statements, police reports, and any other pertinent information at the scene. It’s also a good idea to call your insurance company immediately, so they can begin processing your claim and collecting evidence from the scene.
In New York, no-fault insurance covers medical expenses and up to 80% of lost income, if you exceed the limits set by the policy. It also covers non-economic costs such as pain and suffering. You must prove that the other driver was negligent. The severity of your injuries impacts both the economic and non-economic damages you’re entitled to.
Sometimes automobiles are manufactured or designed in a manner that is defective. In these situations your attorney might suggest suing the manufacturer in addition to the driver responsible for the accident. You can sue a government organization responsible for road construction and upkeep when they are aware or ought to have been aware of the hazardous conditions on their roads however, you cannot hold individual employees liable in this type of lawsuit.
Damages
Depending on the laws in your state and the severity of your injuries, compensation could be used to pay for things like medical bills or car repairs, loss of income, property damage and “pain and suffering.” It is impossible to determine the value of these damages with complete accuracy. It is best to have your medical expenses and other expenses be documented, along with the estimated future loss.
A plaintiff’s lawyer will use as much evidence in support of the client’s claim as is possible when negotiating compensation. This includes eyewitness testimonies or police reports, as well as medical records. In certain situations, your attorney might seek information from the lawyers of the defendant and defendant in a procedure known as discovery. Deposits could also be required, during which your lawyer will ask questions about the accident and injuries under the oath.
Sometimes, both parties will reach a settlement before the lawsuit goes to trial. This is typical in the case of car accidents, as both parties want to save money and time on legal fees and also avoid the stress that comes with going to trial. This can happen at any point in the trial, but is more likely to happen after the discovery process. It can also occur after one side has learned or reveals important information that they believe is insurmountable for the opposing side to win.
Medical bills
Medical bills can be the largest expense incurred by a car accident. The bills could come from private healthcare providers like hospitals and medical clinics, or the government-run healthcare system like Medicare and Medicaid. It is crucial to have adequate financial protection for the victims, regardless of which source the medical expenses come from. Personal injury lawsuits can be filed by victims of car accidents to recover these costs.
In certain instances health insurance or automobile insurance will pay for these expenses before a verdict or settlement is reached. This could lower the amount of the settlement and help the victim avoid having to pay out of pocket expenses.
Subrogation is an legal process that permits insurers to collect the money they paid for from victims of accidents. It is therefore essential to have an attorney on your side who is knowledgeable about the procedure and will fight for fair compensation.
Certain drivers have an additional type of auto accident law firms insurance called “medical payment,” or “PIP.” It pays medical expenses without determining fault in the incident. The coverage is generally available to all car accident victims and does not require any minimum deductible. Even this coverage has limitations, and you shouldn’t count on it to cover all of your medical costs.
Settlements
A fair settlement should be able to cover your losses, which include medical expenses or property damage, as well as lost wages. The settlement should also include the cost of any long-term damage or limitations such as reduced mobility or pain and discomfort. It is important to speak with an experienced lawyer to secure the maximum amount for your injuries and damages.
The process of settlement could take a few months or years, depending on the circumstances of your case. The time frame can differ from state to state and is contingent on the complexity of your case.
Typically, following a thorough investigation into the accident our legal team will issue an appeal letter to the at-fault driver’s insurer. We will bargain with the insurance provider to negotiate a fair offer for your settlement.
If negotiations with the insurer do not succeed the lawyer will file a court case against the responsible party. The discovery phase then begins as an official procedure where both parties exchange information and evidence. During this time your lawyer will seek information from the defendant and his or her attorneys in the form of written questions (called interrogatories) and oral evidence through depositions.
Your attorney may bring motions to court during the discovery period or trial. The judge will consider the motions and then make a final decision. If one party isn’t satisfied with the outcome of the trial, they are able to appeal. This could extend the case by several months or even years.
