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How to Build an Auto Accident Legal Claim In deciding whether to file a lawsuit an attorney for car accidents will examine all ways your injuries have impacted your life This includes medical costs at present and in the future lost wages and emotional effects A lawyer who has extensive experience in preparing and conducting trials in car accident cases is crucial Insurance companies know that attorneys willing to go to trial will fight to get the maximum amount of compensation Traffic collisions Traffic collisions refer to any incident involving at least one vehicle These accidents may also involve pedestrians stationary obstructions such as buildings or poles and animals road debris or road debris They can also occur on public or private roads Traffic collisions can be either intentionally or unintentionally Examples of traffic offenses committed with intent include vehicular murder and suicide According to the NYC Open Data Initiative Car accidents are among the most frequently types incidents in New York City The city maintains an online database of all motor vehicle accidents It provides information about the date and time of the collision the location and its severity It is crucial to report all traffic accidents even if they appear to be minor You could lose your right to compensation if dont report the collision Failing to report a collision can also lead to a suspension of your license or other penalties If youre involved in a traffic collision It is vital to call the police right away and take pictures of the scene You should also collect all the information about the other driver including their insurance provider If youre unable to locate the other driver you can file a claim using your own auto insurance or a family members policy You could also be eligible to file claims with the states special fund for those who have suffered catastrophic injuries named the New York Motor Vehicle Accident Indemnification Corporation MVAIC Atfault driver citations In states that have faultbased car insurance laws in which the atfault drivers insurance covers medical and vehiclerepair expenses for all other drivers involved in an accident However there are different forms of compensation that you can claim for the damages resulting from the crash In such cases you must have evidence that the driver was negligent or reckless A traffic ticket is an excellent proof for this purpose In the majority of police communities officers have discretion over whether they issue a motorist tickets following an accident If they believe that the driver was responsible for the accident through committing a traffic infraction then they usually issue a ticket The type of incident will be a factor in the insurance companys determination of the degree of fault Some states have contributing factor boxes on accident reports in which officers can assign a percentage of fault to a driver for an incident For example if you were hit by a vehicle who was driving straight through a red light and you had the chance to get away from the path but did not you may be assigned a percentage of blame for the accident An experienced personal injury attorney can help you prove that the other driver breached his or the duty of care to drive safely and adhere to road rules You may then seek damages to compensate you for your physical and mental injuries If your losses exceed what your liability insurance covers you may file a lawsuit against the driver at fault Counterclaims When a car accident occurs parties involved have the time to pursue legal action The deadlines for filing lawsuits can vary between states however a lawsuit that is filed in the proper timeframe can be a powerful option to obtain compensation for the damages and injuries resulting from the collision A knowledgeable lawyer on your side can help you deal with insurance companies in order to settle your case to trial One of the first steps that you and your attorney begin the legal procedure is to file a police report This report is crucial because it contains a concise summary of what happened the information and evidence collected at the scene witness statements and more auto accident lawsuit westminster is used by insurance companies as well as attorneys to determine who is at fault and what damages you may be entitled to After your attorney has filed the complaint both parties will engage in a series conversations referred to as discovery Your attorney will then ask the Defendant representatives for questions and collect details about their account of the events which includes the severity of your injuries Your lawyer may also seek expert opinions to prove your claims and add credibility to the case Counterclaims are a common method for the parties in fault to attempt to tilt the scales their way This is particularly common in states that have modified laws on comparative negligence which require victims to prove that they are not more than 51 percent at fault for the crash Comparative negligence Finding out who is at fault in an automobile accident can be confusing and often times difficult This is particularly true in states which have adopted common negligence or shared blame rules According to comparative negligence laws that a person injured can get compensation for their injuries less their percentage of blame for the accident If you are found to be 20 percent negligent your compensation will be reduced by 80percent New York is a state that recognizes only comparative negligence If your case is brought to court the judge and jury will determine the amount of blame each party is responsible for the incident and reduce the amount of damage awarded by the same amount Insurance companies also apply criteria for evaluating comparative fault in the evaluation of third party claims There are three basic kinds of comparative negligence that are pure comparative negligence as well as modified comparative fault and contributory negligence The majority of states including Texas adhere to the modified comparative fault rule Texas used to follow the old Joint and Several Liability Rule which held each defendanttortfeasor responsible for the entire amount the victim was liable for damages Depositions provide a means for your lawyer to ask questions orally to police officers witnesses and medical professionals who were involved in the collision They will assist your legal team construct a case for your auto accident The testimony you provide can help strengthen your claim
