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Auto Accident Lawsuits If youve been the victim of a car accident you may be eligible to file a lawsuit for damages against the person who caused the accident New York state law allows you to sue for up 50000 in damages including medical expenses and lost wages However this money does not pay for pain and suffering which must be sought out in the court If youve been injured in an accident that caused serious injuries and suffered a serious injury you could be able to file a lawsuit against the negligent driver for damages Statute of limitations for filing an auto accident lawsuit The statute of limitations is the time limit to file a lawsuit against a driver who caused an auto crash The law regulates the time you have to file your lawsuit in order to be compensated for your injuries It shields the defendant from lawsuits that are filed after the fact If you fail to submit your lawsuit within the deadline the defendant will be disqualified from pursuing any compensation and your case will be dismissed There are a myriad of reasons why you should be aware of the time limit for filing a lawsuit in auto accident cases Although the statute of limitations is designed to help you can file your lawsuit within a reasonable amount of time many injuries require much longer to settle That is why the statute of limitations for filing a lawsuit in the event of an auto accident is designed to make it as simple to allow victims of car accidents to claim compensation While the majority of states have a twoyear period of limitations Some states have a longer time of limitations This means that you have to start your lawsuit within two years from the time of the incident The statute of limitations could be extended when you file a suit against the municipality This exception is only available in certain circumstances The statute of limitations in New York for personal injury lawsuits is 3 years from the date of the accident Anyone who has been injured in a car accident should consult a car accident attorney as soon as possible after the incident to determine the best course of action to take A knowledgeable attorney can assist you in deciding on which course of action to take so you focus on recovering A car accident lawyer can assist you in gathering evidence and witnesses to back the claim Often car accident scenes are cleared quickly but important pieces of evidence may get lost By contacting an attorney as soon as you can youll have time to collect any evidence before its too late The time period for filing a car accident lawsuit varies based on the state that you reside in In certain states youre only able to submit a claim if at minimum 18 years old If youre not yet 18 you must wait until your 18th birthday to submit your claim Damages awarded in auto accident lawsuits In lawsuits involving auto accidents damages are awarded to compensate the person who suffered the injury for the harm theyve suffered The awards are calculated using formulas and computer programs that are specific to the accident that caused the injuries These costs are often not considered and it is vital to find an lawyer who can help present your case in the best light You must document your medical treatment as well as assess any property damage to determine the amount of damages The severity of your injuries will determine the amount of damages awarded For more serious injuries you will be awarded more than minor ones This is why it is important to hire an attorney who can handle auto accidents The amount of damages that are awarded in auto accident lawsuits are different according to the state In wwwaccidentinjurylawyersclaims will decide whos the fault lies and decide on damages based on that percentage The court could reduce your claim if youre more than 20 accountable For example if you were 20 at fault in the accident you would be awarded a lesser amount of 25000 from your insurance company If the accident wasnt your fault you can still seek damages for the damage to your property If the driver of the other vehicle collided with your car you are able to claim damages to help get better In certain cases a court will decide to award damages based on medical evidence and how much you have spent on treatment If the driver who is the defendant is found to be liable for the injury the victim may be required to pay Besides medical expenses the settlement you receive in a lawsuit arising from a car accident could also include lost earnings and pain and suffering These expenses are typically paid for by the insurance company of the driver at fault This amount is known as compensatory damages The amount you receive will depend on the amount of your medical treatment and the amount of income you lost To ensure that you are compensated for the harm caused by the negligence of a driver it is important to work with an attorney You may also be eligible for punitive damages These are designed to punish those responsible for the incident and also to discourage any future bad behavior In New York punitive damages are permitted but require evidence of carelessness for anothers safety Cost of filing a lawsuit in a car crash The process of filing a lawsuit in the event of car accidents can be expensive The cost of hiring an attorney and taking the case to court could be anywhere from 100 to tens of thousands of dollars If you are unable to get the full amount of your claim by negotiation you might need to engage an attorney with more experience A lawyer with more experience is able to negotiate with medical professionals and reduce your expenses While you might be attracted to deal with your own claim after an accident in the car however you must keep in mind that youll only get 100 of the settlement if you win the case Therefore your settlement will likely be less than what youd get in the event you hired a professional car accident lawyer An experienced car accident attorney can help you to level the playing field with your insurance company Without a skilled lawyer you are far behind an entire team of lawyers working for the insurance company If you are insured it is essential to contact your insurance company as soon as you notice the crash This report can be crucial for your insurance claim or lawsuit It may detail traffic or weather conditions at the time of the accident You may also be entitled to damages for pain and suffering The cost of a car crash lawsuit depends on the type of accident and severity of your injuries You may not be covered for all of your injuries and the other driver might not be covered at all These cases may allow you to recuperate more than you imagine Car accident attorneys typically charge a contingency fee This means they will accept a percentage of the settlement This could range from thirty percent to forty percent Other auto accident attorneys may require payment either on an hourly or a flat basis depending on the circumstances While you are able to start an New York car accident lawsuit and a jury can reduce the amount of compensation based on how much fault have If youre 20 percent responsible youd only be entitled to 8000 from the other driver In spite of the person who was at fault accidents can have devastating effects on your life Car accidents can cause emotional scarring as well as medical bills and lost earnings Steps to take after filing a lawsuit for a car crash An attorney should be sought out if you have been in an auto accident An attorney can help you seek the maximum compensation for your loss An attorney can help you gather evidence and interview witnesses Your attorney can also investigate the accident scene and collect police reports In addition to collecting evidence your lawyer may also negotiate with insurance adjusters on your behalf Before filing a lawsuit you must gather all relevant evidence and documentation Youll need all relevant evidence and documents including receipts medical bills and records It is also recommended to write an explanation of your injuries and requesting compensation It is essential to include all details to support your claim as well in specific details regarding the incident It is important to not just collect evidence but also take pictures of the damage Photograph the damages to your vehicle and the vehicle of the other These photos will be helpful in proving who was responsible It is also recommended to record the names and addresses of all the parties that are involved in an accident This includes the other driver as well as his passengers Also find the contact details and name of witnesses to the incident Insurance companies often attempt to make settlements In this case you must review the terms and conditions carefully If possible have your lawyer examine the settlement offer to ensure youre receiving a fair settlement If you dont receive a fair settlement consider the possibility of filing a lawsuit in order to recover the money youre entitled Even if you do not want to make a claim it is advisable to call the police In some states this is legally required The police will also take a photo of the incident You can also file a police complaint at the local police station or department of motor vehicle Whatever the severity of the accident a police report will help you move forward and provide evidence in the case of a dispute If youve been the victim of an accident in your car you have the legal right to make a claim Your car accident lawyer can assist you in obtaining the required documentation and explain the legal foundation of the lawsuit Your lawyer will also inform the defendant of the charges In addition your lawyer will also give them a copy of the complaint along with an order to appear in court