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How to Build an Auto Accident Legal Claim When preparing a claim an attorney for car accidents will look at all the ways in which your injuries have impacted your life This includes medical expenses now and in the future as well as lost wages and emotional impact A lawyer who has extensive experience in preparing and conducting trials in cases involving car accidents is essential Insurance companies know that lawyers willing to go to trial will fight for the most money Traffic collisions A traffic collision is any kind of accident that involves one or more vehicles These accidents may include pedestrians animals road debris or stationary obstructions such as poles or buildings They can also occur on public or private roads Traffic collisions may be accidental 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 types of incidents in New York City The city maintains an online database of all reported motor accident accidents involving vehicles The database contains information about the date the time location and degree of the collision It is vital to report all traffic accidents even if they appear minor You could lose your right to compensation if do not report the accident Additionally failing to report a crash may result in a license suspension or other penalties If you are involved in a traffic collision It is vital to call the police right away and to take photos of the scene It is also important to collect all of the other drivers information including their insurance company If you cant find the other driver you may file a claim with your own auto insurance company or a family members insurance You could also be able to file an claim through the states special fund for catastrophically injured people called the New York Motor Vehicle Accident Indemnification Corporation MVAIC Atfault driver citations In states that have rules based on fault the atfault drivers insurer covers the cost of medical and vehicle repairs for all other drivers involved in an accident However there are other types of compensation that you may pursue in the event of losses arising from the accident In auto accident lawsuit santa ana ll need to demonstrate that the other driver was negligent Traffic citations are an excellent way to prove it In most police communities officers have the discretion of the issue of a driver a ticket after an accident If they believe the driver was responsible for the accident through committing a traffic infraction then they usually issue tickets The type of offense will also play a role in the insurance companys determination of the fault Some states have contributing factor boxes on accident reports in which officers can assign a percentage of the blame to a driver for an incident For instance if were struck by a driver who was speeding through a red light and you had the chance to get out of the way but did not take the opportunity you could be given an amount of blame for the accident An experienced personal injury lawyer can assist you to establish that the other driver did not fulfill their duty of care when they drove recklessly and not observing road rules You can then seek compensation for your emotional and physical injuries If your losses are more than what your liability insurance covers you may pursue a lawsuit against the driver who is at fault Counterclaims If a car crash occurs the parties involved have a limited amount of time to pursue legal action These deadlines may vary from state to state however a lawsuit filed within the appropriate time frame is a reliable option to obtain compensation for losses and injuries caused by the collision Having an experienced lawyer by your side can assist you to collaborate with insurance companies to settle your case to trial You and your lawyer will begin the legal process by filing an official police report This vital document contains a summary of the incident data and evidence gathered at scene the statements of witnesses and more The document is used by insurance companies and attorneys to determine fault and the amount of damages you could be entitled to After your attorney files the report and both parties will engage in a series of exchanges known as discovery Your attorney will then ask the Defendant representatives to answer questions and gather information about their version of events including the extent of your injuries Your attorney can also seek out expert opinions to back up your claims and add credibility to the case Making 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 that have modified law governing comparative negligence which require victims to prove theyre less than 50 responsible for the incident Comparative negligence Finding out who is at fault for the cause of a car crash can be confusing and at times difficult This is especially true in states that have adopted comparative negligence or shared fault rules According to comparative negligence laws those who are injured can be awarded damages less their percentage of fault for the accident If you are found to be 20 negligent your claim will be reduced by 80 New York is a state that only recognizes comparative negligence If your case makes it to court the judge and jury will compare the amount of fault each party is responsible for the accident and reduce the amount of damage awarded by the same amount Insurance companies employ standards of comparative negligence to evaluate claims from third parties Generally speaking there are three kinds of comparative negligence that are pure comparative negligence modified comparative fault and contributory negligence Texas is one of the states that adhere to the modified relative negligence rule Texas used to follow the traditional Joint and Several Liability Rule which allowed each defendant to be held responsible for the total amount that the victim was liable for damages Your attorney will be able to ask oral questions to witnesses medical professionals and police officers involved in the collision through a process called depositions They will assist your legal team create an argument for your auto accident The testimony you provide can aid in proving your claim
