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How to File an Auto Accident Lawsuit If an insurance companys settlement offer is not sufficient to cover your losses you can file a lawsuit The process begins when your attorney files a legal complaint Your lawyer will gather information from witnesses and experts They will also look over medical records and police reports This is called discovery Liability After an accident it is the responsibility of the person responsible to submit a claim of liability with their insurance company The claim must be made within the time frame determined by the state where the accident occurred Insurance companies might be enticed to accept as little as they can on legitimate claims and so its crucial to take steps to safeguard yourself Note everything you can on the scene including photographs witnesses statements and police reports as well as other pertinent information Calling your insurance provider immediately is a good idea so they can begin to process your claim and collect evidence from the scene In New York nofault insurance covers medical expenses as well as up to 80 of your income loss up to the policy limits It also covers other costs like pain and suffering However you must be able to prove that the other drivers negligence caused your injury The severity of your injuries will determine the amount of noneconomic and economic damages you are entitled to Sometimes cars are defectively made or designed Your lawyer could suggest that you sue the driver and the manufacturer in the event that the car is defective You can sue a government agency responsible for road construction and maintenance when they are aware or ought to be aware of the dangerous road conditions but you are not able to hold individual employees liable in this kind of lawsuit Damages Based on the laws of your state and the severity of your injuries compensation may cover things such as medical bills car repairs lost income property damage and pain and suffering Its impossible to determine the value of these damages with absolute accuracy However it is a good idea to have your medical bills and other expenses recorded by an expert and to include the estimated future losses When you are negotiating compensation a lawyer representing a plaintiff will try to find as much evidence as they can to support their clients case This includes eyewitness statements police reports and medical records In certain cases your attorney might request information from the defendants attorneys and defendant in a procedure called discovery Depositions may also be required in which your lawyer will ask you questions under oath concerning the accident and injuries Sometimes both parties will agree to a settlement before the lawsuit even reaches trial This is a common scenario in car accidents as both parties wish to save time and money on legal costs as well as to avoid the stress of an upcoming trial This can happen anytime during the case but is more likely to happen during the discovery process It could also happen after one party discovers or divulges crucial information that they believe makes it impossible for their opponent to prevail Medical bills Medical expenses can be the biggest expense associated with an auto accident They can be incurred by private healthcare providers like hospitals and clinics or from healthcare that is provided by government agencies such as Medicare and Medicaid It is important to have a sufficient financial protection for the victims regardless of the source of the medical bills from Personal injury lawsuits can be filed by victims of car accidents to recover these costs In some instances health insurance or auto insurance will pay for these expenses before a verdict or settlement is reached This could reduce the overall amount of the settlement and also prevent the victim from having to pay outofpocket expenses However the insurers that pay for these expenses might attempt to recoup the money that they spent from the accident victim by a process known as subrogation auto accident lawsuit pembroke pines is crucial to have an attorney by your side who understands the procedure and will fight 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 insurance typically covers medical bills directly and does not need to determine fault for the accident The coverage is generally available to all accident victims and does not require the payment of a deductible However even this insurance isnt unlimited and should not be relied on to cover all your medical expenses Settlements A fair settlement will cover all of your expenses including medical bills lost wages and property damage It should also include a portion to compensate for any permanent damage or limitations such as decreased mobility or suffering and pain It is recommended to consult with an experienced attorney to obtain the most amount of compensation for your injuries and damage The process of settling a case can take months or even years depending on the complexity of your case The timeframe for settlements can differ from state to state and is contingent on the complexity of your case Typically after a full investigation of the accident our legal team will submit an order letter to the atfault drivers insurance provider We will negotiate with your insurance company to make an acceptable settlement offer If negotiations with the insurance company fail your lawyer will file a court lawsuit against the responsible party The discovery phase is the formal exchange of evidence and information between the parties During this stage your attorney will ask the defendant and the defendants attorneys for information in the form of written questions called interrogatories as well as oral testimony via depositions Your lawyer can present motions to the court during the discovery period or during trial The judge will look over the motions and decide If one of the parties is unhappy with the outcome of the trial they can appeal This could extend the duration of your case by months or even years
