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How to File an Auto Accident Lawsuit If the settlement offer from an insurance company does not provide enough coverage for your losses you may bring a lawsuit The process begins with your attorney filing a lawsuit Your lawyer will gather information from witnesses and experts They will also look over 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 time frame that is set by the state in which the accident occurred Insurance companies are often enticed to pay the smallest amount possible to settle legitimate claims It is crucial to safeguard yourself Keep all the evidence you can at the scene including photos and witness statements or police reports as well as any other pertinent details Its recommended 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 covers medical costs and up to 80 percent of your lost income up to policy limits Also it covers noneconomic losses such as suffering and pain You must prove that the other driver was negligent The severity of your injuries affects both the economic and noneconomic damages youre entitled to Sometimes cars are not properly made or designed Your lawyer may suggest that you sue both the driver and the manufacturer if the vehicle is defective You can sue a government agency responsible for road maintenance and construction if they know or should have known about the risky road conditions but you cannot hold individual employees liable in this kind of lawsuit Damages There is no way to estimate the exact amount of these damages but its contingent on the laws of your state as well as the severity of the injury However its recommended to have your medical bills and other expenses recorded by a professional and include estimates of future losses A lawyer representing a plaintiff will seek as much evidence to back the clients claim as possible when negotiating compensation This could include eyewitness accounts or police reports medical records In some cases you attorney might seek information from the attorney of the defendant as well as the defendant in a procedure called discovery Depositions are also possible in which your lawyer asks you questions under oath on the accident and the injuries you sustained Sometimes both parties will agree to a settlement before the lawsuit goes to trial This is common when it comes to car accidents since both parties want to save money and time in legal costs as well as avoid stress of a trial This could occur at any time during the litigation however it is more likely to occur after the discovery process is completed It could also happen when one party learns or discloses important information that they believe will make it impossible for their opponent to prevail auto accident lawyer pasadena are often the biggest expense associated with a car accident These expenses can come from private healthcare providers like medical clinics and hospitals or the governmentrun healthcare system like Medicare and Medicaid Regardless of where the medical bills are originating from it is important that patients have the proper insurance coverage to pay for these costs Personal injury lawsuits can be filed by victims of car accidents to recover the costs In some cases health insurance or auto insurance will cover these expenses prior to a settlement or verdict is reached This can lower the amount of settlement and avoid the victim having to pay out of pocket for expenses However the insurers who have paid for these expenses could try to recover the funds they spent from the victim through a process called subrogation It is crucial to have an attorney by your side who understands this procedure and will fight to get fair compensation Some drivers also have a specific type of car insurance coverage known as medical payment or PIP This form of insurance typically pays medical bills in one lump sum without needing to determine who is responsible for the crash This coverage usually does not have a deductible and is accessible to all injured car accident victims However even this coverage is limited and should not be relied upon to cover all your medical expenses Settlements A fair settlement should cover your losses including medical bills or property damage as well as lost wages It should also include a payment to cover any longterm injuries or limitations that result from decreased mobility or pain and suffering It is crucial to speak with an experienced lawyer to ensure you receive the highest amount for your injuries and damages The process of obtaining a settlement may be a long time or even years depending on the complexity of your case The time frame can vary from state to state and depends on the extent of the case Typically after a full investigation into the accident Our legal team will issue an order letter to the atfault drivers insurer We will bargain with the insurance provider to reach a fair settlement for your settlement If negotiations with the insurer fail your lawyer will file a court lawsuit against the responsible party The discovery process begins with an official process in which both parties exchange information and evidence In this phase the attorney will inquire of the defendant as well as the defendants attorneys for information in the form written questions called interrogatories and oral statements via depositions Your attorney may make motions in court during the trial or discovery phase The judge will examine them and make a decision If one of the parties is not satisfied with the verdict of the trial they can appeal This could increase the length of your case by months or even years
