20 Trailblazers Leading The Way In Auto Accident Compensation
How to File an Auto Accident Lawsuit
You can file a lawsuit if the settlement offer made by an insurance company does not cover your damages. The process begins with an attorney filing a lawsuit.
Your lawyer will gather details from witnesses and experts. They will also review police reports and medical treatment records. This is called discovery.
Liability
After an accident, it is the responsibility of the person responsible to file a claim for the liability with their insurance company. The claim must be made within the timeframe set by the state where the incident occurred. Insurance companies can be enticed to make as little payment as they can for legitimate claims, therefore it's crucial to take steps to protect yourself. Document everything you can at the scene including photos, witness statements, police reports and any other relevant information. Contacting your insurance company right away is a good idea so that they can begin to process your claim and gather evidence from the scene.
In New York, no-fault insurance covers medical expenses as well as up to 80% of lost income, up to the limits set by the policy. It also covers noneconomic expenses like suffering and pain. However you must be able to prove that the negligence of another driver led to your injury. The severity of your injuries affects both the economic and non-economic damages you are entitled to.
Sometimes cars are constructed or designed in a manner that is defective. Your lawyer could suggest that you sue the driver and the manufacturer in the event that the car is defective. You can sue the public entity responsible for road maintenance or construction if it knows or should have known about dangerous conditions on its roads. However, you can't make an individual employee accountable in a lawsuit.
Damages
In accordance with the laws of your state and the extent of your injuries, compensation could cover things such as medical bills as well as car repairs, lost income, property damage, and "pain and suffering." It is impossible to estimate the value of these damages with absolute precision. It is best to get your medical expenses and other costs included in your report along with your estimated future loss.
When negotiations for compensation, a lawyer for a plaintiff will search for the most evidence to support their client's case. This can include eyewitness testimony and police reports as well as medical records. In some cases the attorney will seek information from the defendant as well as their attorneys in a process called discovery. Depositions may also be required, during which your lawyer asks questions about the accident and injuries under an oath.
Sometimes both parties will agree to a settlement before the lawsuit even reaches trial. This is often the case in car accidents, as both sides want to save time and money on legal fees and also to avoid the stress of a trial. This can occur at any point in the case, but is more likely to happen during the discovery process. It can also occur after one party has learned or disclosed important information that they believe will make it impossible for their opponent to win.
Medical bills
Medical bills can be the largest expense incurred by an accident. auto accident lawsuit santa clara can come from private healthcare providers, like hospitals and clinics or from government-funded healthcare such as Medicare and Medicaid. Regardless of where the medical bills are originating from, it is important that the victims have insurance coverage to pay for these expenses. Accident victims are able to file a personal injury lawsuit to recover these expenses.
In certain cases the insurance company, whether health or auto, will cover the expenses before an agreement is reached or a settlement has been reached. This can lower the total settlement amount and avoid the victim having to pay out of pocket expenses.
However, the insurers that have paid for these expenses could try to recover the amount they incurred from the victim through a process called subrogation. Therefore, it is crucial to have a lawyer on your side that understands the intricacies of this procedure and will fight for fair compensation.
Certain drivers also have an additional type of auto insurance called "medical payment" or "PIP." It pays medical expenses without determining fault in the incident. This coverage usually does not have a deductible, and is accessible to all injured car accident victims. Even this insurance has limitations, and you shouldn't rely on it to cover all medical expenses.
Settlements
A fair settlement will cover all of your expenses, including medical bills, lost wages and property damage. The settlement should also provide the cost of any long-term damage or limitations, such as a decrease in mobility or discomfort. It is crucial to speak with an experienced attorney to secure the maximum amount for your injuries and damages.
The process of obtaining a settlement may take months or years depending on the nature of your case. The length of time required to obtain a settlement varies between states and is affected by the extent of your claim.
After an in-depth investigation of the accident, we'll send a demand to the insurance company of the driver at fault. We will engage with the insurance company to get a fair price for your settlement.
If negotiations with the insurance company do not succeed and your lawyer is unable to resolve the issue, he will bring an action against the responsible party in court. The discovery phase is the formal exchange of information and evidence between the two parties. During this time your lawyer will seek information from the defendant and their attorneys in the form of written questions (called interrogatories) and oral testimony via depositions.
During the discovery period and trial, your lawyer may file legal papers, referred to as motions to the court which the judge will review and decide on. If one of the parties is unhappy with the trial's outcome, they can appeal. This could increase the length of your trial by months or years.