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How to File an Auto Accident Lawsuit You can make a claim if the settlement offer from an insurance company does not pay for your damages The process begins with your attorney filing a lawsuit Your lawyer will gather details from witnesses and experts auto accident attorney springfield will also review medical and police records as well as reports This is known as discovery Liability After an accident its the responsibility of the person responsible to make a claim for liability with their insurance company The claim must be made within the deadlines set by the state where the incident occurred Insurance companies are often enticed to pay out the smallest amount possible to settle legitimate claims It is important to be protected Record everything you can at the scene including photos as well as witness statements and police reports as well as other pertinent information It is also a good idea to contact your insurance company right away as they will be able to begin processing your claim and obtaining evidence from the scene In New York the nofault system will pay medical bills and up to 80 percent of the loss of income up to the policy limits It also covers noneconomic losses like suffering and pain However you must be able to prove the negligent driving of the other driver that caused your injury The extent of your injuries will determine the amount of economic and noneconomic damage you are entitled to Sometimes cars are defectively constructed or designed In these cases your attorney might suggest filing a lawsuit against the manufacturer in addition to the driver responsible for the crash You can also sue the government entity responsible for road maintenance or construction when it is aware or ought to have known of dangerous conditions on its roads However you cannot claim that an individual employee is liable in such a lawsuit Damages In accordance with the laws of your state and the extent of your injuries compensation can cover things such as medical bills and car repairs lost income property damage and pain and suffering Its not possible to calculate the worth of these damages with complete precision Its best to have your medical costs and other expenses be documented along with the estimated future loss A lawyer representing a plaintiff will seek as much evidence to support the clients claim as is possible when negotiations for compensation This includes eyewitness testimonies police reports or medical records In some cases your attorney will request information from the defendant and their attorneys through a process called discovery Depositions are also possible where your lawyer asks you questions under oath on the accident and your injuries Sometimes both parties accept a settlement before the case reaches trial This is often the case in car accidents since both parties wish to save time and money on legal costs and avoid the stress of the trial This could happen at any time in the course of the case however it is likely to occur after the discovery process is finished It could also happen when the other party learns or shares important information they believe makes it impossible for their opponent to win Medical bills Medical expenses can be the biggest expense associated with the aftermath of a car crash These expenses can come from private healthcare providers such as medical clinics and hospitals or governmentrun healthcare such as Medicare and Medicaid It is essential to have a sufficient financial protection for the victims no matter the source of the medical expenses from Personal injury lawsuits can be filed by car accident victims to recover these costs In some instances auto or health insurance will pay for the expenses prior to when a verdict is reached or a settlement is agreed upon This could lower the total settlement amount and help the victim avoid having to pay for outofpocket expenses Subrogation is a legal procedure that permits insurers to collect the amount they paid for from accident victims This is why it is essential to have an attorney to your side who is aware of the intricacies of this process and will fight for fair compensation Certain drivers have an additional form of insurance for their vehicles called medical payment or PIP It covers medical bills without determining fault in the accident This coverage is generally accessible to all crash victims and does not require an minimum deductible However even this coverage is not unlimited and should not be relied upon to cover all your medical expenses Settlements A fair settlement will cover all your expenses including medical bills lost wages and property damage The settlement should also provide the cost of any longterm damage or limitations such as a decrease in mobility or discomfort and pain It is crucial to speak with an experienced lawyer to secure the maximum amount for your damages and injuries The process of obtaining a settlement could take months or years depending on the complexity of your case The timeframe for settlements can vary from state to state and depends on the complexity of your case Typically following a thorough investigation of the incident our legal team will submit an order letter to the atfault drivers insurer We will bargain with your insurance provider to reach an acceptable settlement offer If negotiations with the insurer fail your lawyer will file a court case against the responsible party The discovery phase is the formal exchange of evidence and information between both parties During this phase your lawyer will ask the defendant and defendants attorneys for information in the form written questions called interrogatories as well as oral testimony through depositions Throughout the discovery phase and trial your attorney may file legal documents called motions in court which the judge will examine and rule on If one of the parties isnt satisfied with the outcome of the trial they may appeal This can extend the trial by months or years
