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How to File an Auto Accident Lawsuit If the settlement offer offered by an insurance company does not cover your losses you can make a claim The process begins with an attorney filing a lawsuit Your lawyer will collect details from witnesses and experts They will also review medical and police records as well as reports This is known as discovery Liability After an accident the responsible party must file a claim for liability with their insurance company auto accident lawsuit tampa must be made within the timeframe that is set by the state in which the accident occurred Insurance companies could be enticed to accept as little as they can on legitimate claims which is why its important to take steps to safeguard yourself Keep all relevant information including photographs witness statements police reports and any other relevant information on the scene Contacting your insurance company as soon as you can is a good idea so they can begin to process your claim and collect evidence from the scene In New York the nofault system covers medical bills and up to 80 of your lost income subject to policy limits It also covers noneconomic expenses like pain and suffering However you have to prove the negligence of the other driver caused your injury The extent of your injuries will determine the amount of noneconomic and economic damages you are entitled to Sometimes cars are defectively made or designed Your attorney may suggest that you sue the driver and the manufacturer if the vehicle is defective You can sue the public entity that is responsible for road construction or upkeep in the event that it is aware or should have been aware of unsafe conditions on its roads However you are not able to in any way hold an individual employee responsible in such a lawsuit Damages You cant calculate the exact amount of damages but its contingent on the laws in your state as well as the severity of the injury It is best to have your medical expenses and other costs included in your report along with your estimated future loss When it comes to negotiating compensation a lawyer representing a plaintiff will search for as much evidence as they can to prove their clients case This includes eyewitness statements police reports and medical records In some cases your lawyer will request information from the defendant as well as their attorneys in a process known as discovery Deposits can also be required in which your lawyer asks questions regarding the accident and injuries under an oath Sometimes both parties reach a settlement before the trial This is often the case in car accidents as both parties want to save time and money on legal fees as well as to avoid the stress of an upcoming trial This could happen at any time during the litigation but is more likely to happen after the discovery process is completed It could also happen when one party discovers or divulges important information they believe makes it impossible for their opponent to prevail Medical bills Medical bills are usually the most expensive expense after an accident The bills could come from private healthcare providers like clinics and hospitals as well as from governmentfunded healthcare such as Medicare and Medicaid Whatever the source of the medical bills originate from it is important that the victims have proper financial protection to cover these expenses Car accident victims can file a personal injury lawsuit to recover these expenses In certain cases automobile or health insurance will cover the costs prior to the verdict is reached or a settlement has been reached This could lower the amount of the settlement and prevent the victim having to pay out of pocket for expenses Subrogation is an legal process which allows insurers to recuperate the amount they have paid from accident victims Consequently it is important to have a lawyer to your side who is aware of the complexities of this procedure and will fight for fair compensation Some drivers also have a particular type of car insurance coverage known as medical payment or PIP This type of insurance usually pays medical bills in one lump sum without needing to determine the cause of the crash This coverage usually does not have a deductible and is accessible to all car accident victims However the coverage is limited and is not a guarantee for the payment of all your medical expenses Settlements A fair settlement will cover all your expenses including medical bills lost wages and property damage The settlement should also include compensation for any longterm damages or limitations such as a decrease in mobility or discomfort It is important to speak with an experienced lawyer to ensure you receive the highest amount for your damages and injuries The process of obtaining a settlement could take months or years depending on the complexity of your case The length of time can vary between states and depends on the nature of your case After an indepth investigation of your accident we will send a claim to the insurance company of the driver at fault We will discuss with the insurance company to reach a fair settlement for your settlement If negotiations with the insurance company fail your lawyer will file a lawsuit against the responsible party The discovery phase is the formal exchange of evidence and information between the two parties During this stage your lawyer will ask the defendant as well as the defendants attorneys for information in the form written questions called interrogatories and oral testimony through depositions During the time of discovery and trial your attorney may file legal documents called motions to the court which the judge will read and decide on If one of the parties is unhappy with the outcome of the trial they can appeal which could increase the length of your case by months or even years
