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How to File an Auto Accident Lawsuit If an insurance companys settlement offer is not sufficient to cover your losses you may make a claim The process begins when your lawyer is able to file a lawsuit Your lawyer will gather information from witnesses and experts They will also review medical and police records This is known as discovery Liability After an accident the responsible party must file a claim for liability with their insurance company The claim must be filed within the legal time frame set by the state where the accident occurred Insurance companies are often tempted to pay the smallest amount possible to settle legitimate claims It is crucial to be protected Keep all the evidence you can at the scene including photos and witness statements police reports and any other relevant information Contacting your insurance company as soon as you can is a good idea so that they can begin processing your claim and collect evidence from the scene In New York the nofault system covers medical costs and up to 80 of your lost income up to the policy limits It also covers noneconomic damages like suffering and pain You must prove that the other driver was negligent The degree of your injuries impact both the noneconomic and economic damages youre entitled to Sometimes vehicles are not properly made or designed In these cases the lawyer could suggest that you sue the manufacturer in addition to the driver accountable for the accident You can sue the government entity that is responsible for road maintenance and construction in the event that it is aware or should have known about dangerous conditions on its roads However you cant in any way hold an individual employee responsible in a lawsuit Damages You arent able to calculate the exact value of these damages but its contingent on the laws of your state and the extent of the injury However its an excellent idea to have your medical bills and other expenses documented by an expert and to include your projected future losses auto accident lawyer new jersey for a plaintiff will make use of as much evidence in support of the clients claim as possible when negotiating compensation This could include eyewitness accounts or police reports medical records In certain instances your attorney might seek information from the lawyers of the defendant and the defendant through a process known as discovery It could also include depositions where your lawyer asks you questions under oath about the accident and the injuries you sustained Sometimes both parties will be able to reach a settlement before the case is brought to trial This is a common scenario in car accidents since both sides want to save time and money on legal costs and also avoid the stress of the trial This can happen at any point during the case however it is more likely to happen after the discovery process is completed It can also happen after one side learns or discloses important information that they believe makes it impossible for the opposing side to win Medical bills Medical bills are typically the largest cost after an accident They can be incurred by private healthcare providers like clinics and hospitals as well as from governmentfunded healthcare like Medicare and Medicaid No matter where the medical bills are originating from its important that the patients have adequate financial coverage to pay the expenses Car accident victims can file a personal injuries lawsuit to recover these expenses In some instances the insurance company whether health or auto will cover the costs before the verdict is reached or a settlement is agreed upon This can reduce the amount of the settlement and prevent the victim from having to cover outofpocket expenses However the insurers that paid for these expenses might try to recover the funds they incurred from the victim via a process referred to as subrogation It is therefore important to have an attorney on your side who understands this process and will fight hard to get fair compensation Some drivers also have a particular type of car insurance coverage referred to as medical payment or PIP This type of insurance typically covers medical bills directly without having to determine fault for the accident The coverage is generally available to all accident victims and does not require any deductible However it is subject to limitations and you should not rely 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 compensation for any longterm damages or limitations like reduced mobility or pain and discomfort You should consult a seasoned attorney to obtain the maximum amount of money for your injuries and the damages The process of settling can take a few months or years depending on the circumstances of your case The length of time may vary between states and depends on the nature of your case Typically following a thorough investigation into the accident our legal team will issue an appeal letter to the atfault drivers insurance firm We will discuss with the insurance company to negotiate a fair offer for your settlement If negotiations with the insurer do not succeed the 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 attorney will request information from the defendant and their attorneys in the form of written questions called interrogatories as well as oral testimony in depositions Your attorney may present motions to the court during the discovery period or during trial The judge will examine the motions and make a decision If one of the parties isnt satisfied with the outcome of the trial they can appeal This could prolong the case by several months or even years
