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How to File an Auto Accident Lawsuit You can make a claim if the settlement offer made by an insurance company does not cover your losses. The process begins when your attorney is able to file a lawsuit. Your lawyer will gather information from experts and witnesses. They will also go through medical and police reports. This is known as discovery. Liability After an accident, the party responsible must file a liability claim with their insurance company. The claim must be filed within the legal deadline set by the state where the accident occurred. Insurance companies may be tempted to pay as little as possible on legitimate claims, which is why it is essential to take precautions to safeguard yourself. Keep all the evidence you can at the scene including photos, witness statements and police reports as well as other pertinent information. It is also a good idea to call your insurance company right away, as they can begin processing your claim and obtaining evidence from the scene. In New York, no-fault insurance covers medical expenses as well as up to 80% of your income loss, up to the policy limits. It also covers other losses like suffering and pain. You must prove that the other driver was negligent. The extent of your injuries will determine the amount of non-economic and economic damage you're entitled to. Sometimes, cars are designed or manufactured in a flawed manner. In these situations, your attorney may recommend suing the manufacturer as well as the driver responsible for the accident. You can sue the government entity that is responsible for road construction or upkeep if it has knowledge or should have known about dangerous conditions on its roads. However, you cannot make an individual employee accountable in such a lawsuit. Damages It's impossible to determine the exact amount of these damages, but it is contingent on the laws in your state and the severity of the injury. However it's a good idea to have your medical bills and other expenses documented by an expert and to include the estimated future losses as well. When it comes to negotiating compensation, a lawyer representing a plaintiff will try to find as much evidence as possible to prove their client's case. This can include eyewitness testimony, police reports, or medical records. In certain cases your attorney may request information from the defendant as well as their attorneys through a process called discovery. This may also involve depositions in which your lawyer asks you questions under oath about the accident and your injuries. Sometimes, both parties reach a settlement before the lawsuit reaches trial. This is typical in car accidents because both parties want to save money and time on legal fees as well as avoid anxiety that comes with the stress of a trial. This could happen at any time during the litigation however, it is likely to occur after the discovery process is finished. It could also happen when one party discovers or divulges crucial information that they believe makes it impossible for their opponent to win. Medical bills Medical bills are usually the largest cost after the crash of a vehicle. The bills could come from private healthcare providers such as hospitals and medical clinics, or the government-run healthcare system like Medicare and Medicaid. No matter where the medical bills are originating from, it is crucial that patients have the proper insurance to cover these expenses. Personal injury lawsuits can be filed by victims of car accidents to recover these expenses. In some instances the insurance company, whether health or auto, will pay for the expenses prior to when an agreement is reached or a settlement is agreed upon. This can reduce the total amount of settlement and prevent the victim from having to cover out-of-pocket costs. However, the insurance companies who have paid for these expenses could try to recover the funds they spent from the victim through a process called subrogation. Consequently, it is important to have a lawyer on your side that understands the complexities of this procedure 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 in one lump sum, without needing to determine the cause of the crash. This coverage is usually available to all car accident victims and does not require the payment of a minimum deductible. Even this coverage has limitations, and you shouldn't depend on it to cover all of your medical costs. Settlements A fair settlement should cover your expenses, such as medical bills or property damage, as well as lost wages. The settlement should also include compensation for any long-term damages or limitations, like reduced mobility or discomfort. It is recommended to consult with an experienced attorney to obtain the most amount of compensation 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 may differ from state to state and is contingent on the extent of the case. After an in-depth investigation of the accident, we'll send a claim to the insurance company of the driver at the fault. We will discuss with your insurance company to reach an appropriate settlement offer. If auto accident law firm livermore with the insurer do not succeed your lawyer will file a court lawsuit against the responsible party. The discovery phase is the formal exchange of evidence and information between both parties. During this stage your lawyer will ask the defendant and his attorneys for information in the form of written questions (called interrogatories) and oral statements via depositions. Your attorney may bring motions to court during the discovery period or trial. The judge will examine the motions and decide. If a party is not satisfied with the outcome of the trial, they may appeal. This can prolong the trial by months or even years.