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How to Build an Auto Accident Legal Claim A lawyer for car accidents will take into consideration all the ways in which your injuries have impacted you This includes medical expenses now and in the future lost wages and emotional effects A lawyer who has extensive experience in preparing and trying car accident cases is crucial Insurance companies are aware that attorneys who are willing to go to trial will fight to get the maximum compensation Traffic collisions Traffic collisions refer to any incident that involve at least one vehicle These accidents can also involve pedestrians stationary obstructions like buildings or poles as well as animals and road debris They can also happen on private or public roads Traffic accidents could be accidental or deliberate Examples of traffic offenses committed with intent include vehicular murder and suicide According to the NYC Open Data initiative car crashes are among the most frequent kinds of incidents that occur in New York City The city maintains an online database of all motor car accidents The database contains information about the date the time location and extent of the collision It is vital to report any traffic collisions even those that appear to be minor You could lose your right to compensation if you dont report the collision Additionally failing to report a crash may result in an automatic suspension of your license or other penalties If youre involved in a traffic accident it is crucial to contact the police immediately and to snap photos of the scene You should also collect all of the information about the other driver including their insurance company If you are unable find the other driver you may file a claim using your own auto insurance or a policy for a family member You might be able to make an insurance claim through the New York Motor Vehicle Accident Indemnification Corporation which is a statefunded fund that offers compensation to victims of catastrophic injuries Atfault driver citations In states that have faultbased insurance laws the insurer of the driver at the fault pays medical expenses and vehicle repair costs for other drivers involved However there are other forms of compensation you could seek for the losses that resulted from the crash In these instances you will need to demonstrate that the other driver was negligent Traffic citations are a fantastic source of evidence In the majority of police departments officers have discretion over whether they issue a motorist tickets following an accident If they believe that the driver caused the accident by a violation of the law then they typically issue one The type of offense also influences the determination of the liability of the insurance company Some states have contributing factor boxes on accident reports in which officers can assign a percentage of blame to a driver involved in an incident If you were struck by a motorist who drove straight through a traffic light and you could have moved away from the intersection and didnt you might be assigned an amount of blame for the accident An experienced personal injury lawyer can help demonstrate that the other driver acted in violation of their duty of care by driving negligently and not adhering to the rules of the road You could then seek damages to cover your physical and mental injuries If your losses are greater than the liability insurance coverage then you can make a claim against the person at fault Counterclaims In the event of a car accident and the parties involved are faced with an incredibly short time to pursue legal action The deadlines vary from state to state however a lawsuit that is filed in the proper timeframe is a reliable method of obtaining compensation for the damages and injuries caused by the collision Having auto accident law firm kent by your side will help you negotiate with insurance companies to settle or take your case to trial One of the first steps that you and your attorney start the legal procedure is to prepare a police investigation report This critical document includes an overview of the incident details and evidence gathered at the scene statements from witnesses and more It is frequently utilized by insurance companies and attorneys to determine fault and what kinds of damages you could be entitled to claim Once your attorney files the report the two sides will engage in a series of exchanges known as discovery This is the time when your lawyer will ask questions from the representatives of the defendant and obtain information related to their version of events including their assessment of the extent of your injuries Your attorney can also seek expert opinions to support your claims and add credibility to the case Filing a counterclaim is a common tactic used by atfault parties to attempt to shift the balance in their favor This is especially common in states that have modified comparative negligence laws that require victims to prove they were less than 50 at fault for the accident Comparative negligence Determining who is to the blame for a car accident is confusing and sometimes difficult This is especially true for states with shared fault or common negligence rules Comparative negligence laws allow the injured party to recover damages but not their own percentage of the blame for the incident For instance in the event that you were found to be negligent for 20 percent of the time and your claim would be cut by 80 percent New York is a state that has a strict policy of recognizing comparative negligence If your case reaches court the judge and jury will determine the amount of blame each party is responsible for the accident and reduce the amount of damage awarded by the same amount Insurance companies follow principles of comparative negligence when evaluating claims from third parties Generally there are three kinds of comparative negligence pure comparative negligence modified comparative fault and contributory negligence Texas is one of the states that follow the modified relative negligence rule Texas was previously governed by the traditional Joint and Several Liability Rule which made each defendanttortfeasor accountable for the total amount a victim suffered in damages Depositions allow your lawyer to ask questions orally to police officers witnesses and medical professionals who were involved in the collision They will assist the legal team to build your auto accident case Your testimony can help to strengthen your claim
