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How to File an Auto Accident Lawsuit You may make a claim if the settlement offer from an insurance company fails to pay for your damages. The process begins when your lawyer is able to file a lawsuit. Your lawyer will collect information from experts and witnesses. They will also review police reports and medical treatment records. 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 made within the legal deadline set by the state where the incident occurred. Insurance companies may be tempted to accept as little as they can on legitimate claims, and so it's important to take steps to protect yourself. Keep all relevant information, including photos, witness statements, police reports, as well as any other pertinent information at the scene. It's recommended to contact your insurance company immediately, so 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 limits of the policy. It also covers noneconomic losses such as suffering and pain. However, you must be able to prove the other driver's negligence caused your injury. The severity of your injuries affects both the economic and non-economic damages you are entitled to. Sometimes, auto accident attorneys sugar land are manufactured or designed in a defective manner. In these situations your attorney might suggest suing the manufacturer in addition to the driver responsible for the crash. You can sue the public entity that is responsible for road maintenance and construction in the event that it is aware or should have been aware of unsafe conditions on its roads. However, you can't claim that an individual employee is liable in such a case. Damages Based on the laws of your state and the extent of the injuries you sustained, compensation may include things like medical bills as well as car repairs, lost income, property damage and “pain and suffering.” It is impossible to estimate the value of these damages with 100% accuracy. However, it's recommended to have your medical bills and other expenses recorded by an expert and to include estimates of future losses as well. A lawyer representing a plaintiff will seek as much evidence in support of the client's claim as possible when negotiations for compensation. This could include eyewitness testimony or police reports medical records. In certain cases your attorney may request information from the defendant and their lawyers in a process called discovery. Deposits could be necessary, in which your lawyer will ask questions about the accident and injuries under the oath. Sometimes both parties will agree to a settlement before the lawsuit reaches trial. This is typical when it comes to car accidents because both parties want to save money and time on legal fees as well as avoid stress of going to trial. This could happen at any time during the trial however it is more likely to occur after the discovery process has finished. It could also happen when one party learns or discloses important information they believe makes it impossible for their opponent to prevail. Medical bills Medical expenses are often the largest cost after a car accident. The bills could come from private healthcare providers like medical clinics and hospitals or government-based healthcare such as Medicare and Medicaid. It is essential to have adequate financial coverage for the victims, regardless of where the medical costs come from. Personal injury lawsuits can be filed by victims of car accidents to recover these expenses. In some instances the health or auto insurance will cover the expenses before the verdict is reached or a settlement is agreed upon. This can lower the amount of settlement total and prevent the victim having to pay out of pocket expenses. However, the insurers who paid these expenses may attempt to recover the money they spent from the victim via a process referred to as subrogation. It is therefore important to have an attorney by your side who understands this procedure and will fight for fair compensation. Some drivers have an additional form of auto insurance called “medical payment,” or “PIP.” It pays medical bills without determining fault the incident. This coverage is generally available to all accident victims and does not require any minimum deductible. Even this coverage has limitations and you should not count on it to cover all medical expenses. Settlements A fair settlement should be able to cover your losses, which include medical expenses or property damage, as well as lost wages. The settlement should also provide for compensation for any long-term damages or limitations, like reduced mobility or discomfort and pain. It's important that you consult with an experienced attorney to secure the maximum amount for your injuries and damages. The process of obtaining a settlement can be a long time, or even years, depending on the complexity of your case. The timeframe for settlements can vary between states and depends on the extent of the case. Typically, following a thorough investigation of your accident, our legal team will send a demand letter to the at-fault driver's insurance provider. We will discuss with the insurance company to obtain a reasonable offer for your settlement. If negotiations with the insurance company do not succeed and your lawyer is unable to resolve the issue, he will bring an action against the responsible party in court. The discovery phase is the formal exchange of information and evidence between the parties. During this phase the attorney will inquire of the defendant as well as the defendant's attorneys for information in the form of written questions (called interrogatories) and oral statements via depositions. Your attorney may file motions in court during the discovery period or during trial. The judge will look over the motions and then make a final decision. If one of the parties is unhappy with the outcome of the trial, they may appeal, which could extend the duration of your trial by months or years.