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How to File an Auto Accident Lawsuit If the settlement offer from an insurance company does not adequately cover your losses you may file a lawsuit The process begins with your lawyer filing a legal complaint Your lawyer will gather details from witnesses and experts They will also examine medical records and police reports This is known as discovery Liability After an accident the person responsible must file a liability claim with their insurance company The claim must be filed within the period set by the state where your car accident occurred Insurance companies are often tempted to pay out as little as they can for legitimate claims It is essential to protect yourself Note everything you can on the scene including photographs witnesses statements as well as police reports and other pertinent details It is also a good idea to call your insurance company right away as they will begin processing your claim and collecting evidence from the scene In New York nofault insurance covers medical expenses and up to 80 of your lost income if you exceed the limits of the policy It also covers other costs like suffering and pain However you have to prove the other drivers negligence caused your injury The severity of your injuries impacts both the economic and noneconomic damages youre entitled to Sometimes cars are defectively made or designed Your lawyer might suggest that you sue the driver and the manufacturer in the event that the car is defective You can sue a public entity that is responsible for road construction and upkeep if they know or should have known about the risky conditions on their roadways however you cannot make individual employees accountable in this type of lawsuit Damages Depending on the laws in your state and the severity of your injuries compensation could be used to pay for things like medical bills or car repairs loss of income property damage and pain and suffering Its impossible to determine the value of these losses with complete accuracy However it is a good idea to have your medical bills and other expenses recorded by a professional and include estimates of future losses as well A lawyer for a plaintiff will utilize the most evidence to support the clients claims as they can when negotiations for compensation auto accident attorney norwalk includes eyewitness evidence police reports and medical records In some cases your lawyer will request information from the defendant and their lawyers in a process known as discovery Deposits can also be required during which your lawyer asks questions regarding the accident and injuries under the oath Sometimes both parties will be able to reach a settlement before the case is brought to trial This is common in car accidents because both parties want to save time and money on legal costs and also to avoid the stress of a trial This can happen at any point during the trial however it is more likely to happen after the discovery process has finished It could also occur after one party learns or shares information they believe is insurmountable for the opposing side to prevail Medical bills Medical bills are often the most expensive expense after an accident They can be incurred by private healthcare providers such as clinics and hospitals or from healthcare that is provided by government agencies such as Medicare and Medicaid It is important to have sufficient financial protection for the victims regardless of the source of the medical bills from Personal injury lawsuits can be filed by car accident victims to recover these expenses In some cases health insurance or auto insurance will cover these costs prior to a settlement or verdict is reached This could lower the amount of settlement and avoid the victim having to pay out of pocket for expenses However the insurance companies who paid these expenses may attempt to recover the funds they paid from the accident victim via a process referred to as subrogation It is therefore essential to have an attorney by your side who understands this procedure and will fight for fair compensation Certain drivers also have an additional type of auto insurance referred to as medical payment or PIP It covers medical expenses without determining fault in the incident This type of insurance typically does not have a deductible and is available to all car accident victims Even this insurance has limitations and you should not rely on it to cover all medical expenses Settlements A fair settlement should be able to cover your losses which include medical expenses as well as property damage and lost wages It should also include a portion to compensate for any permanent damage or limitations that result from decreased mobility or suffering and pain You should consult a seasoned lawyer to ensure that you receive the most compensation for your injuries and losses The process of settling can take months or years depending on your situation The timeframe for settlements differs between states and is affected by the complexity of your case After a thorough examination of your accident we will make a formal demand to the insurance company of the driver who was at the fault We will work with your insurance company to reach an appropriate settlement offer If negotiations with the insurance company do not succeed and your lawyer is unable to resolve the issue he will file an action against the responsible party in court The discovery process begins as an official process in which both parties exchange information and evidence During this phase your lawyer will ask the defendant as well as the defendants attorneys for information in the form written questions called interrogatories and oral evidence via depositions During the discovery period and trial your attorney can file legal documents also known as motions to the court which the judge will read and decide on If a party is not satisfied with the outcome of the trial they can appeal This could prolong the trial by a few months or even years
