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How to File an Auto Accident Lawsuit You can start a lawsuit if a settlement offer made by an insurance company fails to cover your damages The process begins with your attorney filing a lawsuit Your lawyer will collect information from witnesses and experts They will also go through medical and police records as well as reports This is known as discovery Liability After an accident the person responsible must file a claim for liability with their insurance company The claim must be filed within the time frame set by the state where the incident occurred Insurance companies are often tempted to pay out as little as they can for legitimate claims It is crucial to safeguard yourself Note everything you can on the scene including photographs witnesses statements and police reports as well as other pertinent details Contacting your insurance company right away is a good idea so they can begin processing your claim and gather evidence from the scene In New York nofault insurance covers medical expenses as well as up to 80 of your lost income if you exceed the limits set by the policy It also covers other losses such as 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 noneconomic and economic damage youre entitled to Sometimes cars are not properly constructed or designed In these cases your attorney might suggest taking action against the manufacturer in addition to the driver responsible for the crash You may also sue the government entity responsible for road maintenance and construction if it has knowledge or should be aware of the dangers on its roads But you cannot make an individual employee accountable in a lawsuit Damages Depending on your states laws and the severity of your injuries compensation can cover things such as medical bills or car repairs loss of income property damage and pain and suffering Its not possible to determine the value of these damages with 100 accuracy It is recommended to keep your medical expenses as well as other expenses be documented along with the estimated future loss When negotiations for compensation a lawyer representing a plaintiff will search for the most evidence to prove their clients case This could include eyewitness accounts police reports or medical records In some instances your attorney will request information from the defendant as well as their attorneys in a procedure called discovery Deposits can be required in which your lawyer will ask questions regarding the accident and injuries under oath Sometimes both parties will reach an agreement before the lawsuit even reaches trial This is typical in car accidents since both parties want to save time and money on legal costs and also avoid the stress of the trial This can happen at any point during the trial but is more likely to occur after the discovery process It could also happen when one side discovers or reveals important information that they believe makes it impossible for the other side to prevail Medical bills Medical bills are often the most expensive expense after an accident These bills can be from private healthcare providers such as hospitals and medical clinics or governmentbased healthcare such as Medicare and Medicaid auto accident lawsuit worcester is vital to have adequate financial coverage for the victims regardless of the source of the medical bills from Personal injury lawsuits can be brought by victims of car accidents to recover the costs In some instances automobile or health insurance will cover the costs before a verdict is reached or a settlement is made This can reduce the amount of the settlement and prevent the victim from having to pay outof pocket costs Subrogation is an legal process that allows insurers to recover the money they owe from victims of accidents Therefore it is essential to have an attorney by your side who understands this process and will fight hard to get fair compensation Some drivers also have a form of car insurance coverage known as medical payment or PIP This type of insurance usually pays medical bills directly without having to determine the cause of the crash The coverage does not usually have a deductible and is accessible to all injured car accident victims However the insurance isnt unlimited and should not be relied on for the payment of all your medical expenses Settlements A fair settlement should cover your losses which include medical expenses property damage and lost wages It should also include a sum to cover any longterm impairments or damages that result from decreased mobility or suffering and pain You should consult a seasoned lawyer to receive the maximum amount of money for your injuries and the damages The process of obtaining a settlement could take months or even years depending on the complexity of your case The length of time can vary between states and depends on the extent of the case After an indepth investigation of the accident well make a formal demand to the insurance company of the driver who was at the fault We will discuss with your insurance company to make an appropriate settlement offer If negotiations with the insurance company do not succeed and your lawyer is unable to resolve the issue he will initiate an action against the responsible party in a court The discovery phase will begin and is a formal process where both parties exchange information and evidence In this phase your attorney will request information from the defendant and his or her attorneys in the form of written questions called interrogatories and oral evidence through depositions Your lawyer can file motions in court during the trial or discovery phase The judge will consider them and make a decision If a party isnt satisfied with the verdict of the trial they may appeal This could prolong the trial by a few months or even years
