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How to Build an Auto Accident Legal Claim When filing a claim a lawyer for car accidents will consider all ways your injuries have impacted your life This includes medical costs now and in the future along with lost wages and emotional effects A lawyer with a lot of experience in preparing negotiating and settling cases involving car accidents is essential Insurance companies know that lawyers willing to go to trial will fight to get maximum compensation Traffic collisions Traffic collisions are any type of accident that involve at minimum one vehicle These accidents may also involve animals pedestrians road debris stationary obstacles such as poles or structures They can also occur on public or private roads Traffic collisions may be intentionally or unintentionally Examples of traffic offenses committed with intent include vehicular murder as well as vehicular suicide According to the NYC Open Data initiative Car crashes are among the most frequent kinds of accidents in New York City The city maintains an online database of all reported motor car accidents It includes information about the date and time of the collision its location and its severity auto accident attorney nebraska is important to report all traffic collisions even if they appear to be minor You could lose your right to compensation if dont report the collision Additionally failing to report a crash may lead to a license suspension or other penalties If youre involved in a traffic accident it is crucial to notify the police immediately and to take photos of the scene You should also gather all the information you can about the other driver including their insurance company If youre unable to locate the other driver you may make a claim with your own auto insurance or a policy of a family member You might also be able to file a claim with the states special fund for victims of catastrophic injuries that is known as the New York Motor Vehicle Accident Indemnification Corporation MVAIC Atfault driver citations In states with faultbased insurance laws the insurance company of the driver at the fault is responsible for medical expenses and repair costs to vehicles for the other drivers who were involved in the You can still claim compensation for your loss In these cases you will need to demonstrate that the other driver was negligent Traffic citations can be a powerful source of evidence In the majority of police communities officers have the option of deciding whether they issue a motorist a ticket following an accident If they believe the driver was the cause of the accident by committing a violation of the law they will usually issue an citation The nature of the offense will also affect the insurance companys determination of the degree of fault Some states have contributing factor boxes on accident reports where officers can assign a percentage to a driver in an incident If you were struck by a car that went straight through a traffic signal and you could have walked away from the way however you didnt then you may be assigned some percentage of the blame for the crash A skilled personal injury lawyer can help you prove the other driver violated their duty of care by driving unsafely and not obeying road rules You can then seek damages in order to cover your physical and mental injuries If your losses exceed the liability insurance coverage you may make a claim against the person responsible for the accident Counterclaims After a car accident and the parties involved have a certain amount of time in which to pursue legal action The deadlines for filing lawsuits can vary from state to state however a lawsuit that is filed in the right time frame could be a great option to obtain compensation for the damages and injuries caused by the collision Having an experienced lawyer by your side can help you collaborate with insurance companies to settle your case to trial You and your lawyer will begin the legal process by filing the police report The report is crucial since it contains a summary of what transpired information and evidence collected on the scene witness statements and more It is often utilized by insurance companies and attorneys to determine the cause of the incident and the kinds of damages you could be entitled to claim After your attorney has filed the complaint both parties will engage in a series of exchanges known as discovery This is the time when your attorney will seek the answers of the Defendants representatives and gather information about their account of events including their assessment of the extent of your injuries Your attorney may also seek expert opinions to support your assertions and add credibility to the case Counterclaims are a common way for those who are in fault to attempt to influence the outcome their way This is especially common in states with modified comparative negligence laws which require victims to prove that they are not more than 51 percent at fault for the crash Comparative negligence To determine who is at the blame for a car accident is often confusing and sometimes challenging This is especially true in states which have adopted common negligence or shared blame rules Laws that allow for comparative negligence permit the injured party to recover damages minus their own percentage of the blame for the accident If you are found to be 20 percent negligent your compensation will be reduced by 80percent New York is a pure state of comparative negligence Therefore should your case go to the courtroom judges and juries will evaluate the amount of blame each party contributed to the accident and reduce damages awarded by that same amount Insurance companies also use comparative fault guidelines when evaluating third parties claims In general there are three types of comparative negligence that are pure comparative negligence modified comparative fault and contributory negligence The majority of states including Texas abide by the modified comparative fault rule Texas was previously governed by the traditional Joint and Several Liability Rule that 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 medical professionals and police officers involved in the accident through depositions They will assist your legal team create a case for your car accident Your testimony can help strengthen your case
