How to File an Auto Accident Lawsuit
If the settlement offer offered by an insurance company does not cover your damages, you can start a lawsuit. The process begins when your lawyer files a legal complaint.
Your lawyer will collect information from experts and witnesses. They will also go through medical and police reports. This is called discovery.
Liability
After an accident, the party responsible must file a liability claim with their insurance company. The claim must be filed within the legal timeframe established by the state where your car accident occurred. Insurance companies may be tempted to pay as little as is possible for legitimate claims, therefore it's important to take steps to protect yourself. Note all relevant information such as witness statements, photos, police reports, and other pertinent information at the scene. It's also a good idea to call your insurance company right away, as they can begin processing your claim and obtaining evidence from the scene.
In New York, no-fault insurance covers medical expenses as well as up to 80% your lost income, subject 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 degree of your injuries impact both the economic and non-economic damages you're entitled to.
Sometimes, vehicles are not properly made or designed. In these situations, your attorney may recommend filing a lawsuit against the manufacturer as well as the driver responsible for the accident. You may also sue the government body responsible for road construction or upkeep when it is aware or ought to have been aware of unsafe conditions on its roads. However, auto accident attorneys plano can't claim that an individual employee is liable in such a lawsuit.
Damages
You aren't able to calculate the exact amount of these damages, but it depends on the laws of your state as well as the severity of the injury. It is recommended to keep your medical expenses as well as other expenses included in your report along with your estimated future loss.
A lawyer for a plaintiff will make use of as much evidence in support of the client's claim as possible when trying to negotiate compensation. This could include eyewitness testimony and police reports as well as medical records. In certain situations, your attorney could request information from the attorney of the defendant and the defendant through a process known as discovery. Deposits may also be required, during which your lawyer asks questions about the accident or injuries under oath.
Sometimes, both parties will reach an agreement before the lawsuit even reaches trial. This is common in car accidents as both sides want to save time and money on legal costs and avoid the stress of an upcoming trial. This can happen at any point in the course of the case however, it is likely to occur after the discovery process has finished. It can also happen after the other party learns or shares important information that they believe makes it impossible for their opponent to win.
Medical bills
Medical bills can be the biggest expense associated with the aftermath of a car crash. These bills can be from private healthcare providers such as medical clinics and hospitals, or government-funded healthcare like Medicare and Medicaid. No matter where the medical bills originate from, it's crucial that patients have the proper insurance to cover the expenses. Victims of car accidents can file a personal injuries lawsuit to recover these expenses.
In certain cases, auto or health insurance will cover the costs before a verdict is reached or a settlement is agreed upon. This could lower the total settlement amount and prevent the victim having to pay out of pocket expenses.
However, the insurance companies that paid these expenses may attempt to recover the funds they spent from the accident victim by a process known as subrogation. It is therefore essential to have an attorney by your side who understands the process and will fight hard for fair compensation.
Some drivers also have a form of car insurance coverage referred to as "medical payment" or "PIP." This type of insurance typically covers medical bills directly, without having to determine fault for the accident. This type of insurance does not typically have a deductible and is available to all injured car accident victims. Even this insurance has limitations and you should not count on it to cover all medical expenses.
Settlements
A fair settlement should cover your losses, including medical bills, property damage and lost wages. The settlement should also include compensation for any long-term damages or limitations, such as a decrease in mobility or discomfort. You should seek the advice of an experienced attorney in order to get the maximum amount of compensation for your injuries and losses.
The process of settling can take a few months or years depending on the situation. The length of time varies between states and is affected by the complexity of your case.
After a thorough investigation of your accident, we will send a demand to the insurance company of the driver who was at fault. We will discuss with your insurance company to reach an acceptable settlement offer.
If negotiations with the insurance company fail your lawyer will file a lawsuit against the liable party in court. The discovery phase is the formal exchange of evidence and information between the two parties. During this stage your lawyer will ask the defendant and defendant's attorneys for information in the form written questions (called interrogatories) and oral evidence through depositions.
Your attorney may present motions to the court during the discovery period or trial. The judge will consider the motions and decide. If one of the parties is dissatisfied with the trial's outcome, they can appeal, which could prolong the duration of your case by months or years.