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How to File an Auto Accident Lawsuit You can bring a lawsuit if the settlement offer from an insurance company doesn't pay for your damages. The process begins with your attorney filing a legal complaint. Your lawyer will collect information from witnesses and experts. They will also examine police reports and medical treatment records. This is called discovery. Liability After an accident, the party responsible must file a liability claim with their insurance company. The claim must be filed within the timeframe set by the state in which your car accident occurred. Insurance companies might be enticed to accept as little as they can on legitimate claims, and so it's important to take steps to safeguard yourself. Document all relevant information, including photographs, witness statements, police reports, as well as any other pertinent information, at the scene. It's also a good idea to call your insurance company right away, as they will be able to begin processing your claim as well as collecting evidence from the scene. In New York, no-fault insurance covers medical expenses and up to 80% your lost income, up to the policy limits. It also covers other damages like pain and suffering. However, you must be able to prove the negligence of the other driver caused your injury. The extent of your injuries will determine the amount of non-economic and economic damage you are entitled to. Sometimes, cars are constructed or designed in a manner that is defective. In these situations, your attorney may recommend taking action against the manufacturer in addition to the driver who caused the accident. You can also sue the government entity responsible for road maintenance and construction if it has knowledge or should have known about dangerous conditions on its roads. However, you are not able to in any way hold an individual employee responsible in such a lawsuit. Damages You can't calculate the exact amount of damages, but it will depend on the laws of your state and the severity of the injury. However, it's best to get your medical bills and other expenses recorded by a professional, and to include your estimated future losses as well. A plaintiff's lawyer will use as much evidence to back the client's claim as possible when trying to negotiate compensation. This can include eyewitness testimony or police reports medical records. In some instances your lawyer will request information from the defendant and their attorneys in a procedure called discovery. It could also include depositions which are where your lawyer asks you questions under oath about the accident and injuries. Sometimes, both parties will be able to reach a settlement before the case goes to trial. This is common when it comes to car accidents, because both parties are looking to save money and time in legal costs as well as avoid stress from going to trial. This can happen anytime during the case but is more likely to occur after the discovery process has been completed. It can also happen after the other party learns or shares important information that they believe will make it impossible for their opponent to prevail. Medical bills Medical bills can be the largest expense incurred by an auto accident. These expenses can come from private healthcare providers, such as hospitals and clinics as well as from government-funded healthcare like Medicare and Medicaid. Whatever the source of the medical bills come from, it's crucial that the victims have proper financial protection to cover the expenses. Car accident victims can file a personal injury lawsuit to recover these expenses. In auto accident attorney odessa , auto or health insurance will pay for the expenses prior to when the verdict is reached or a settlement has been reached. This can reduce the total amount of settlement and keep the victim from having to cover out-of-pocket expenses. However, the insurance companies who paid these expenses may attempt to recover the money they spent from the accident victim by a process known as subrogation. It is crucial to have an attorney by your side who is knowledgeable about the process and will fight hard for fair compensation. Some drivers also have a type of insurance policy known as “medical payment” or “PIP.” This type of auto insurance typically pays medical bills in one lump sum, without needing to determine the cause of the crash. This coverage is generally available to all car accident victims and does not require the payment of a minimum deductible. However, even this coverage is not unlimited and is not a guarantee to cover all your medical expenses. Settlements A fair settlement should be able to cover your losses, which include medical expenses, property damage and lost wages. The settlement should also provide for compensation for any damages that are long-term or limitations, like reduced mobility or discomfort. You should consult an experienced attorney in order to get the maximum amount of compensation for your injuries and damage. The process of settlement could take a few months or years, depending on your situation. The time frame for settlements varies between states and is influenced by the nature of your claim. After an in-depth investigation of your accident, we'll make a formal demand to the insurance company of the driver at fault. We will bargain with your insurance provider to make a fair settlement. If negotiations with the insurance company do not succeed, your attorney will initiate a lawsuit against the liable party in court. The discovery phase then begins, which is an official process in which both parties exchange information and evidence. During this stage, your attorney will request information from the defendant and his or her attorneys in the form of written questions (called interrogatories) and oral testimony via depositions. During the discovery period and trial, your attorney may file legal papers, referred to as motions with the court, which the judge will review and decide on. If one party isn't satisfied with the outcome of the trial, they may appeal. This can prolong the case by several months or years.