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How to File an Auto Accident Lawsuit You can start a lawsuit if a settlement offer from an insurance company fails to pay for your damages The process begins when your attorney file a legal complaint Your lawyer will collect information from experts and witnesses They will also examine medical records and police reports This is known as discovery Liability After an accident the responsible party must file a claim for liability with their insurance company The claim must be made within the legal deadline that is set by the state in which the incident occurred Insurance companies might be enticed to pay as little as is possible on legitimate claims so it is essential to take precautions to safeguard yourself Keep all the evidence you can at the scene including photographs witnesses statements police reports and any other pertinent information It is also a good idea to contact your insurance company immediately so they can begin processing your claim and collect evidence from the scene In New York nofault insurance covers medical expenses and up to 80 your lost income up to the limits of the policy It also covers noneconomic expenses like suffering and pain However you have to prove that the other drivers negligence caused your injury The severity of your injuries affects both the noneconomic and economic damages youre entitled to Sometimes automobiles are manufactured or designed in a flawed manner In these cases your attorney might suggest that you sue the manufacturer as well as the driver responsible for the crash You can sue the public body responsible for road construction or upkeep in the event that it is aware or should have known of dangerous conditions on its roads But you cannot in any way hold an individual employee responsible in such a lawsuit Damages Based on the laws of your state and the severity of the injuries you sustained compensation may be able to cover medical bills and car repairs lost income property damage and pain and suffering auto accident attorney sugar land to determine the value of these damages with absolute accuracy It is recommended to keep your medical expenses and other expenses documented and include your estimated future loss When it comes to negotiating compensation a lawyer for a plaintiff will seek out as much evidence as possible to prove their clients case This includes eyewitness testimony police reports and medical records In some cases you attorney could request information from the defendants attorneys and the defendant through a process known as discovery This may also involve depositions where your lawyer asks you questions under oath on the incident and your injuries Sometimes both parties be able to reach a settlement before the trial This is often the case in car accidents since both parties want to save time and money on legal fees as well as to avoid the stress of the trial This can happen at any time during the course of the case but it is more likely to occur after the discovery process has been completed It can also occur after one side has learned or discloses important information that they believe makes it impossible for the opposing side to win Medical bills Medical bills are often the biggest expense associated with an accident They can be incurred by private healthcare providers such as clinics and hospitals or from healthcare that is provided by government agencies like Medicare and Medicaid Whatever the source of the medical bills come from it is crucial that the victims have financial protection to cover these expenses Personal injury lawsuits can be filed by car accident victims to recover the costs In some instances health insurance or automobile insurance will cover these costs prior to a settlement or verdict is reached This could reduce the amount of the settlement and avoid the victim having to pay out of pocket expenses However the insurers that paid these expenses may attempt to recover the amount they paid from the accident victim by using a process known as subrogation Therefore it is crucial to have an attorney to your side who is aware of the complexities of this process and will fight for fair compensation Some drivers also have a type of insurance policy known as medical payment or PIP This form of insurance typically covers medical bills directly without having to determine who is responsible for the crash The coverage is generally accessible to all car accident victims and does not require an minimum deductible However the coverage is not unlimited and should not be relied on for payment of all your medical expenses Settlements A fair settlement should be able to cover your losses including medical bills property damage and loss of wages It should also include a payment to compensate for any longterm injuries or limitations that result from decreased mobility or suffering and pain Its important that you consult with an experienced lawyer to get the most money for your damages and injuries The process of obtaining a settlement can take months or years depending on the complexity of your case The length of time varies between states and is affected by the complexity of your case After a thorough investigation into your accident we will send a claim to the insurance company of the driver who was at the fault We will negotiate with the insurance company to get a fair price for your settlement If negotiations with the insurance company do not succeed then your lawyer will initiate an action against the responsible party in a court The discovery phase is the formal exchange of evidence and information between both parties In this phase your attorney will ask the defendant and defendants attorneys for information in the form of written questions called interrogatories and oral statements via depositions Your attorney can make motions in court during the discovery period or during trial The judge will consider the motions and make a decision If a party is not satisfied with the verdict of the trial they can appeal This can prolong the case by several months or even years
