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How to Build an Auto Accident Legal Claim A lawyer who handles car accidents will take into consideration every aspect of how your injuries have affected you This includes both future and present medical expenses along with lost wages and emotional impacts An attorney with a wealth of experience in preparing and conducting trials in cases involving car accidents is essential Insurance companies are aware that attorneys who are willing to go to trial will fight for the highest compensation Traffic collisions A traffic collision is any kind of accident that involves one or more vehicles They can also involve animals pedestrians road debris or stationary obstacles like poles or buildings They can also happen on private or public roads Accidents involving traffic may be unintentional or intentional Examples of traffic offenses committed with intent include vehicular murder as well as vehicular suicide According to the NYC Open Data Initiative car accidents are among the most common kinds of accidents in New York City The city maintains an online database of all motor accident accidents involving vehicles It contains information regarding the date and time of the collision its location and the severity of the collision It is vital to report any traffic collisions even those that appear to be minor If you do not do so you could lose your right to compensation from the other driver or insurance company Failing to report a collision can result in an immediate suspension of your license or other penalties It is imperative to call the police and take pictures of the accident scene if you are involved in an accident It is also important to collect all the information of the other driver including their insurance company If you are unable to locate the other driver you may file a claim using your own auto insurance or a policy of a family member You might be able to file claims through the New York Motor Vehicle Accident Indemnification Corporation that is a statefunded fund that compensates victims of catastrophic injuries Atfault driver citations In states that have faultbased insurance laws the insurance company of the driver at blame is responsible for medical costs and repair costs to vehicles for other drivers who were involved in the You may still be able to get compensation for your loss In such instances you must have proof that the other driver was negligent or careless Traffic citations are a great source of evidence In a majority of police stations officers have the power to issue a driver a citation following an accident If they believe that a driver caused the accident by an offense that is considered to be moving they usually do issue one The nature of the offense will also influence the insurance companys decision on the fault Certain states have contributing factor boxes on accident reports where officers can assign a percentage of fault to the driver responsible for an incident If you were struck by a driver who went straight through a traffic signal and you could have moved away from the way however you didnt then you may be attributed an amount of blame for the accident A skilled personal injury lawyer can assist you in proving that the driver who was driving in violation of his or their duty of care to drive in a safe manner and obey the rules of the road You could then seek damages for your emotional and physical injuries If your losses are greater than the amount that your liability insurance covers you may make a claim against the driver who is at fault Counterclaims When a car accident occurs the parties involved have a limited amount of time to pursue legal action Although these deadlines differ by state filing a lawsuit within the appropriate timeframe is a viable option to seek compensation for injuries and losses resulting from the collision A lawyer with experience will help you negotiate with insurance companies and even take your case to the court Your lawyer and you begin the legal process by filing an police report The report is crucial since it contains a summary of what happened the information and evidence collected at the scene witness statements and more This document is utilized by insurance companies and attorneys to determine the cause of the incident and the amount of damages you could be entitled to After your attorney has filed the report both parties will engage in a series discussions referred to as discovery Your attorney will ask Defendant representatives to answer questions and gather details about their account of the events which includes the severity of your injuries Your lawyer may also seek experts to support your assertions and add credibility to the case Filing a counterclaim is a common tactic used by atfault parties who want to shift the balance to their advantage This is especially prevalent in states with modified law on comparative negligence which requires victims to prove they were less than 50 responsible for the incident Comparative negligence The process of determining who is to the blame for a car accident can be confusing and sometimes it can be difficult This is especially the case in states that have adopted the concept of shared fault or comparative negligence rules According to the law of comparative negligence that a person injured can be awarded damages less their percentage of responsibility for the incident For instance if you were found to be negligent at 20 then your recovery would be cut by 80 percent New York is a pure state of comparative negligence Therefore when auto accident lawyer san diego goes to the courtroom judges and juries will weigh the degree of responsibility each party was responsible for the accident and reduce the amount of damage awarded by the same amount Insurance companies also employ criteria for evaluating comparative fault in the evaluation of third party claims There are three general types of comparative negligent such as pure comparative neglect and modified comparative fault and contributory negligence Most states including Texas follow the modified comparative fault rule Texas used to follow the old Joint and Several Liability Rule which was a requirement that each defendanttortfeasor be held accountable for the total amount a victim suffered in damages Your attorney will be able to ask questions in person to witnesses police officers and medical professionals involved in the collision through depositions They will assist your legal team create a case against your auto accident The testimony you provide can help to strengthen your claim
