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How to Build an Auto Accident Legal Claim A lawyer for car accidents will take into account all the ways in which your injuries have impacted you This includes current and future medical treatment costs as well as lost wages and emotional impacts A lawyer who has extensive experience in preparing and trying cases involving car accidents is essential Insurance companies know that lawyers who are willing to go to trial will fight for maximum compensation Traffic collisions A traffic collision is any type of accident that involves one or more vehicles These accidents can also involve pedestrians stationary objects such as poles or structures animals road debris or road debris They can also occur on private or public roads Traffic accidents can be intentionally or unintentionally Some examples of intentional trafficrelated crimes are vehicle homicide and suicide by vehicle According to the NYC Open Data Initiative Car accidents are among the most frequent types of incidents that occur in New York City The city maintains a public database of every motor vehicle collision It contains information regarding the date and time of the collision the location and the severity Report all traffic accidents even if they appear minor You may lose your right to compensation if you fail to report the crash Failure to report a collision can result in suspension of your drivers license or other penalties If you are involved in a traffic accident it is crucial to notify the police immediately and take pictures of the scene Also you should collect all the other drivers information including their insurance company If you cant find the driver of the other and you are unable to locate the driver you can file a claim with your own auto insurer or with a household family members policy You might also be capable of filing claims with the states special fund for victims of catastrophic injuries named the New York Motor Vehicle Accident Indemnification Corporation MVAIC Atfault driver citations In states that follow the law of faultbased insurance for cars the insurance company of the atfault driver covers the cost of medical and vehicle repairs for other drivers involved in a crash However there are different forms of compensation you could claim for the damages resulting from the crash In such cases you must have proof that the other driver was negligent or careless Traffic citations are a fantastic way to prove it In most police communities officers have the discretion to give a driver warning after an accident If they believe that the person caused the accident by a moving violation they usually do issue a ticket The type of offense also plays a part in determining the fault of the insurance company Some states have contributing factor boxes on accident reports in which officers can assign a percentage of the blame to the driver responsible for an incident For example if you were hit by another driver who was accelerating through a red light and you had the chance to get away from the way but did not and you did not you could be assigned some percentage of the blame for the incident An experienced personal injury lawyer will assist you in proving that the driver in question violated his or the duty of care to drive safely and adhere to the rules of the road You could then seek damages to compensate you for your physical and mental injuries If your losses exceed your liability insurance coverage then you can file suit against the driver who is at fault Counterclaims After a car accident the parties involved only have a set amount of time in which to pursue legal action These deadlines may vary from state to state however a lawsuit that is filed in the proper timeframe could be a great way to recover compensation for injuries and losses due to the collision An experienced lawyer at your side can help you work with insurance companies to settle your case to trial You and your lawyer will begin the legal process by filing a police report This crucial document contains an account of the incident data and evidence collected at the scene testimony from witnesses and more This document is utilized by insurance companies and lawyers to determine fault and the amount of damages you could be entitled to After your attorney has filed the report both parties will engage in a series exchanges known as discovery Your attorney will then question the Defendant representatives questions and obtain details on their version of events including the extent of your injuries Your lawyer may also seek expert opinions to support your claims and add credibility to your case Filing a counterclaim is a common strategy for atfault parties in order to tilt the balance to their advantage This is especially prevalent in states that have modified the law of comparative negligence which requires victims to prove that they are less than 51 percent at fault for the accident Comparative negligence Identifying who is at fault in an automobile accident is often confusing and at times difficult This is especially the case in states that have adopted the concept of comparative negligence or shared fault rules Under auto accident lawsuit yorba linda an injured person can get compensation for their injuries less their share of the blame for the incident For instance in the event that you were found to be 20 percent negligent then your compensation would be reduced by 80 percent New York is a state that only recognizes the concept of comparative negligence If your case goes to court the jurors and judges will assess the amount of blame each party has contributed to the accident and then reduce the amount of damage awarded by the same amount Insurance companies also utilize comparative fault guidelines when evaluating third parties claims There are three general kinds of comparative negligence such as pure comparative neglect or modified comparative fault and contributory negligence Most states including Texas follow the modified comparative fault rule Texas used to adhere to the traditional Joint and Several Liability Rule which allowed each defendant to be held responsible for the total amount a victim suffered in damages Depositions provide a means for your lawyer to ask questions orally to witnesses police officers and medical professionals involved in the collision These will help the legal team construct your auto accident case Your testimony will aid in proving your claim
