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How to Build an Auto Accident Legal Claim A lawyer who handles car accidents will take into account all the ways that your injuries have affected your life This includes medical expenses at present and in the future as well as lost wages and emotional effects A lawyer with extensive experience in preparing and attempting cases involving car accidents is essential Insurance companies are aware that lawyers who are willing to go to trial will fight for the best compensation Traffic collisions Traffic collisions are any type of accident involving at least one vehicle These accidents may also include pedestrians stationary obstacles like poles or buildings as well as animals road debris or road debris They can also happen on private or public roads Accidents that involve traffic can be intentional or unintentional Examples of trafficrelated crimes are vehicle homicide and suicide by vehicle According to the NYC Open Data initiative car crashes are among the most frequent kinds of incidents that occur in New York City The city maintains an online database of all reported motor accident accidents involving vehicles It provides information about the date and time of the collision its location and the severity Report any traffic accident even if they appear minor If you dont do so you could lose your right to compensation from the other driver or insurance company In the event of a collision not reporting it can also lead to a suspension of your license or other penalties If you are involved in a traffic accident it is essential to contact the police immediately and to snap photos of the scene You should also gather all the details about the other driver and their insurance company If you are unable to find the other driver then you can make a claim through your auto insurance company or a household family members insurance You might also be eligible to file an insurance claim through the states special fund for victims of catastrophic injuries named the New York Motor Vehicle Accident Indemnification Corporation MVAIC Atfault driver citations In states that have faultbased insurance laws the insurer of the driver at the fault is responsible for medical expenses and vehicle repair costs for other drivers involved You may still be able to get compensation for your loss In such instances you must have evidence that the other driver was negligent or reckless Traffic citations can be a powerful source of evidence In the majority of police communities officers have a say in whether they issue a motorist tickets following an accident If they believe that the driver was the cause of the accident by committing a moving infraction then they usually issue an citation The nature of the offense influences the determination of the responsibility of the insurance company Some states have boxes that show the contributing factors of an accident This permits officers to assign a percentage blame to a specific driver If auto accident lawyer new york were struck by a driver who went straight through a traffic light and you could have moved away from the path but didnt you might be assigned an amount of blame for the crash A skilled personal injury lawyer can assist you to prove that the other driver violated their duty of care by driving negligently and not following the rules of the road You may then seek damages to compensate for your physical and mental injuries If your losses exceed the amount of liability insurance you have you can pursue a lawsuit against the driver at fault Counterclaims After a car crash the parties involved have a certain amount of time to file a lawsuit These deadlines may differ between states but a lawsuit filed in the appropriate time frame could be a great way to get compensation for losses and injuries resulting from the collision Having an experienced lawyer by your side can assist you to deal with insurance companies in order to settle or take your case to trial Your lawyer and you will begin the legal process by filing the police report This document is important because it contains a brief summary of what happened the information and evidence collected at the scene witnesses statements as well as more It is frequently utilized by insurance companies and attorneys to determine fault and what kinds of damages you may be entitled to claim After your attorney has filed the report both parties will engage in a series exchanges known as discovery Your attorney will then question the Defendant representatives questions and get information about their version of the events which includes the extent of your injuries Your attorney may also seek experts opinions to back up your claims and give credibility to your case Filing a counterclaim is a common strategy for atfault parties who want to tilt the balance to their advantage This is especially common in states that have modified the law of comparative negligence which require victims to prove that they are not more than 51 percent responsible for the crash Comparative negligence Identifying who is at fault in an automobile accident is often confusing and at times difficult This is especially true for states which have adopted the concept of comparative negligence or shared fault rules According to the law of comparative negligence the injured person is able to receive compensation less their percentage of responsibility for the accident If you are found to be 20 percent negligent your claim will be reduced by an amount of 80 New York is a state that only recognizes comparative negligence If your case is brought to court the judge and jury will determine the amount of blame each party has contributed to the accident and reduce the amount of damages awarded by the same amount Insurance companies also employ comparative fault guidelines when evaluating third party claims In general there are three kinds of comparative negligence that are pure comparative negligence modified comparative fault and contributory negligence Most states including Texas follow the modified comparative fault rule Texas was previously governed by the old Joint and Several Liability Rule which held each defendanttortfeasor responsible for the entire amount the victim suffered in damages Your attorney will be able to ask questions in person to witnesses medical professionals and police officers involved in the collision This is depositions These will help the legal team to build your auto accident case The evidence you provide will aid in proving your claim
