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How to File an Auto Accident Lawsuit If the settlement offer from an insurance company is not sufficient to cover your losses, you may file a lawsuit. The process begins with an attorney filing a legal complaint. Your lawyer will gather details from witnesses and experts. They will also look over medical and police records as well as reports. This is known as discovery. Liability After an accident, it is the responsibility of the party responsible to file a claim for liability with their insurance company. The claim must be made within the timeframe determined by the state where the incident occurred. Insurance companies can be enticed to pay as little as is possible on legitimate claims, which is why it's important to take steps to protect yourself. Keep all the evidence you can at the scene including photographs as well as witness statements as well as police reports and other relevant details. Calling your insurance company immediately is a good idea, so that they can start to process your claim and collect evidence from the scene. In New York, no-fault insurance covers medical expenses and up to 80% of your lost income, up to the policy limits. auto accident lawsuit stamford covers other losses such as suffering and pain. However, you must be able to prove the negligence of the other driver caused your injury. The extent of your injuries will determine the amount of non-economic and economic damages you're entitled to. Sometimes, cars are defectively constructed or designed. Your lawyer might suggest that you sue both the driver and the manufacturer in the event that the vehicle is defective. You can sue a public entity that is responsible for road maintenance and construction in the event that they knew or should have known about the risky road conditions however, you cannot claim individual employees are responsible in this kind of lawsuit. Damages Depending on the laws in your state and the extent of the injuries you sustained, compensation may be able to cover medical bills and car repairs, lost income, property damage and “pain and suffering.” It's impossible to estimate the value of these damages with complete precision. However it is a good idea to have your medical bills and other expenses logged by a professional, and to include estimates of future losses. When negotiations to negotiate compensation, a lawyer for a plaintiff will look for the most evidence to support their client's case. This includes eyewitness testimony, police reports, and medical records. In certain cases your attorney may request information from the defendant as well as their lawyers in a process called discovery. It could also include depositions, where your lawyer asks you questions under oath regarding the accident and the injuries you sustained. Sometimes both parties will reach an agreement before the lawsuit reaches trial. This is common when it comes to car accidents, as both parties want to save money and time in legal costs and also avoid the anxiety that comes with the prospect of trial. This can happen at any point in the trial, but is more likely to occur after the discovery process. It could also occur after one side learns or divulges information they believe is insurmountable for the opposing side to win. Medical bills Medical expenses can be the biggest expense associated with an accident. The bills could come from private healthcare providers like medical clinics and hospitals or government-funded healthcare like Medicare and Medicaid. Regardless of where the medical bills originate from, it's crucial that the victims have insurance to cover the expenses. Victims of car accidents can file a personal injury lawsuit to recover the costs. In some cases the insurance company, whether health or auto, will pay for the expenses prior to when an agreement is reached or a settlement is agreed upon. This can reduce the amount of settlement and save the victim from having to pay out of pocket for expenses. However, the insurers that pay for these expenses might attempt to recover the money they paid from the accident victim via a process referred to as subrogation. It is therefore essential to have an attorney by your side who understands the process and will fight hard to get fair compensation. Certain drivers also have a specific type of car insurance coverage referred to as “medical payment” or “PIP.” This type of auto insurance typically pays medical bills directly without having to determine fault for the crash. This coverage usually does not have a deductible, and is accessible to all car accident victims. However the insurance isn't unlimited and shouldn't be relied on to cover all of your medical expenses. Settlements A fair settlement should cover your losses, which include medical expenses or property damage, as well as lost wages. The settlement should also cover the cost of any long-term damage or limitations, such as a decrease in mobility or discomfort and pain. It is essential to consult with an experienced lawyer to get the most money for your injuries and damages. The process of settlement can take several months or even years depending on the situation. The length of time may vary between states and depends on the complexity of your case. Typically, after a full investigation of your accident, our legal team will then send an order letter to the at-fault driver's insurer. We will discuss with the insurance company to get a fair price for your settlement. If negotiations with the insurance company fail your lawyer will file a lawsuit against the responsible party. The discovery phase then begins, which is a formal process where both parties exchange information and evidence. In this phase your lawyer will seek information from the defendant and their attorneys in the form of written questions (called interrogatories) and oral testimony through depositions. The attorney's lawyer can bring motions to court during the trial or discovery periods. The judge will review the motions and make a decision. If a party is not satisfied with the outcome of the trial, they may appeal. This could prolong the trial by months or even years.