How to File an Auto Accident Lawsuit
If the settlement offer of an insurance company does not provide enough coverage for your losses, you can start a lawsuit. The procedure begins with your attorney filing a legal complaint.
Your lawyer will gather details from witnesses and experts. They will also review police reports and medical records. auto accident attorney longmont is called discovery.
Liability
After an accident, the responsible party must file a claim for liability with their insurance company. The claim must be filed within the time frame determined by the state where the incident occurred. Insurance companies are often tempted to pay out the smallest amount possible to settle legitimate claims. It is important to be protected. Note everything you can on the scene including photos witnesses' statements and police reports as well as other relevant details. Contacting your insurance company right away is a good idea, so that they can start processing your claim and collect evidence from the scene.
In New York, no-fault insurance covers medical expenses and up to 80% of lost income, up to the limits set by the policy. It also covers non-economic losses such as pain and suffering. You must prove that the other driver was negligent. The severity of your injuries will determine the amount of economic and non-economic damages you're entitled to.
Sometimes, automobiles are manufactured or designed in a way that is not correct. Your lawyer may suggest that you sue the driver and the manufacturer in the event that the vehicle is defective. You may also sue a federal agency responsible for road construction and upkeep when they are aware or ought to be aware of the dangerous conditions on their roadways however, you cannot make individual employees accountable in this kind of lawsuit.
Damages
There is no way to estimate the exact amount of these damages, but it is contingent on the laws of your state and the severity of the injury. However, it's an excellent idea to have your medical bills and other expenses documented by a professional and include your projected future losses as well.
When negotiations for compensation, a plaintiff's attorney will seek out the most evidence to support their client's argument. This includes eyewitness testimony, police reports and medical records. In certain instances, your attorney might seek information from the defendant's attorneys and the defendant through a process called discovery. It could also include depositions, where your lawyer asks you questions under oath regarding the accident and injuries.
Sometimes, both parties reach an agreement before the lawsuit ever reaches trial. This is typical in car accidents since both parties wish to save time and money on legal expenses and also to avoid the stress of a trial. This could occur at any time in the course of the case however, it is likely to occur after the discovery process has finished. It can also occur after one party learns or discloses important information that they think makes it impossible for the opposing side to prevail.
Medical bills
Medical bills can be the largest cost associated with an auto accident. They can come from private healthcare providers like hospitals and medical clinics, or the government-run healthcare system like Medicare and Medicaid. It is crucial to have adequate financial protection for the victims, regardless of where the medical costs come from. Personal injury lawsuits can be filed by victims of car accidents to recover the costs.
In certain cases the insurance company, whether health or auto, will cover the costs prior to a verdict is reached or a settlement has been reached. This can lower the total settlement amount and help the victim avoid having to pay for out-of-pocket expenses.
However, the insurance companies that paid these expenses may attempt to recover the money they paid from the accident victim via a process referred to as subrogation. It is crucial to have an attorney on your side who understands this procedure and will fight for fair compensation.
Some drivers have an additional form of insurance for their vehicles called "medical payment" or "PIP." It pays medical bills without determining fault in the accident. This coverage is usually available to all accident victims and does not require the payment of a minimum deductible. Even this insurance has limitations and you should not depend on it to cover all medical expenses.
Settlements
A fair settlement should cover your losses, including medical bills or property damage, as well as lost wages. The settlement should also cover compensation for any damage that is long-term or limitations, like reduced mobility or pain and discomfort. It is crucial to speak with an experienced attorney to obtain the maximum amount for your injuries and damages.
The process of obtaining a settlement can be a long time, or even years, depending on the nature of your case. The time frame can differ from state to state and is contingent on the extent of the case.
After a thorough examination of the accident, we'll send a demand to the insurance company of the driver at the fault. We will work with your insurance company to make an appropriate settlement offer.
If negotiations with the insurer do not succeed, your lawyer will file a lawsuit against the responsible party. Then the discovery phase begins as an official procedure where both parties exchange information and evidence. During this time your attorney will request information from the defendant and his or her attorneys in the form of written questions (called interrogatories) and oral testimony via depositions.
During the discovery period and trial, your lawyer could file legal documents known as motions in court which the judge will review and rule on. If one of the parties is dissatisfied with the verdict of the trial, they can appeal, which could increase the length of your trial by months or years.