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How to Build an Auto Accident Legal Claim When filing a claim a car accident lawyer will look at all the ways in which your injuries have impacted your life This includes medical expenses now and in the future lost wages and emotional impact A lawyer who has extensive experience in preparing and trying cases involving car accidents is essential Insurance companies know that lawyers willing to take cases to trial will fight to get the most compensation Traffic collisions A traffic collision is any type of accident involving one or more vehicles These accidents can also involve pedestrians stationary obstructions such as buildings or poles as well as animals road debris or road debris They can also occur on private or public roads Traffic accidents can be intentional or accidental Some examples of intentional trafficrelated crimes include vehicular murder and vehicular suicide According to the NYC Open Data initiative car crashes are among the most common types of incidents in New York City The city maintains a database that is public of every reported motor vehicle accident The database contains information about the date the time location and severity of the crash Report any traffic accident even if they seem minor You may lose your right to compensation if fail to report the crash In addition failing report a crash may result in the suspension of your license or other penalties If youre involved in a traffic accident it is imperative to notify the police immediately and to take photos of the scene Also you should collect all the details about the other driver including their insurance provider If you cant locate the other driver then you can file a claim with your own auto insurance company or a family members insurance You could also be capable of filing an insurance claim through the states special fund for victims of catastrophic injuries called the New York Motor Vehicle Accident Indemnification Corporation MVAIC Atfault driver citations In states that adhere to faultbased car insurance laws the atfault drivers insurer covers the cost of medical and vehicle repairs for other drivers involved a crash However there are other forms of compensation you could pursue in the event of losses arising from the accident In these instances you will need to prove that the other driver was negligent A traffic ticket is an excellent form of evidence for this purpose In the majority of police departments officers are free to give a driver a citation after an accident However if they believe that someone caused the accident by an unintentional violation the police will usually issue one The type of violation will also affect the insurance companys determination of fault Some states have boxes that show the contributing factors of an accident This allows officers to assign a percentage fault to a specific driver If you were struck by a car that went straight through a traffic signal and you could have walked away from the intersection but didnt you may be assigned a certain percentage of blame for the accident An experienced personal injury lawyer will assist you in proving that the driver in question violated his or his duty of care to drive safely and abide by road rules auto accident attorney hollywood may then seek compensation for your emotional and physical injuries If your losses are greater than what your liability insurance will cover you can pursue a lawsuit against the driver who is at fault Counterclaims Following a car accident the parties involved have a limited amount of time to file a lawsuit These deadlines may differ from state to state but a lawsuit filed in the appropriate time frame is a reliable way to get compensation for injuries and losses due to the collision A knowledgeable lawyer on your side can assist you to collaborate with insurance companies to settle your case to trial One of the first steps that you and your attorney will begin the legal process is to submit a police report The report is a crucial document that includes an overview of the incident 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 what damages you may be entitled to After your attorney has filed the complaint both parties will engage in a series of exchanges known as discovery This is where your attorney will inquire of the representatives of the defendant and get information on their account of events including their assessment of the extent of your injuries Your lawyer may also seek experts opinions to back up your assertions and lend credibility to the case Filing a counterclaim is an effective strategy used by atfault parties who want to tip the scales in their favor This is especially common in states that have changed the law of comparative negligence which require victims to prove they are not more than 51 percent at fault for the accident Comparative negligence To determine who is at the blame for a car accident can be confusing and sometimes challenging This is especially true for states which have adopted comparative negligence or shared fault rules Comparative negligence laws allow the injured party to recover damages but not their own percentage of the responsibility for the incident If you are found to be 20 percent negligent your compensation will be reduced by 80 New York is a pure comparative negligence state So if your case is taken to the courtroom judges as well as juries will assess the degree of responsibility each party attributed to the accident and reduce damages awarded by that same amount Insurance companies apply standards of comparative negligence to evaluate claims from third parties Generally speaking there are three types of comparative negligence which are pure comparative negligence modified comparative fault and contributory negligence Texas is among the states that abide by the modified rule of comparative negligence Prior to 1995 Texas followed the traditional Joint and Several Liability Rule which held each tortfeasordefendant to be accountable for the entire amount of the victims losses Your attorney will ask oral questions of witnesses medical professionals and police officers who were involved in the crash through a process called depositions These will help the legal team construct your auto accident case Your testimony will assist in proving your claim
