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How to File an Auto Accident Lawsuit You can start a lawsuit if a settlement offer made by an insurance company doesn't cover your damages. The process begins when your lawyer is able to file a lawsuit. Your lawyer will collect details from witnesses and experts. They will also review medical and police records. This is called discovery. Liability After an accident, it's the responsibility of the person responsible to file a claim for liability with their insurance company. The claim must be filed within the timeframe set by the state in which the accident occurred. Insurance companies can be enticed to make as little payment as they can on legitimate claims, so it is essential to take precautions to safeguard yourself. Record all relevant information such as witness statements, photos, police reports, and any other relevant information, on the scene. Calling your insurance company immediately is a good idea so that they can start processing your claim and gather evidence from the scene. In New York, no-fault insurance covers medical expenses as well as up to 80% of your income loss, up to the policy limits. It also covers noneconomic losses like suffering and pain. You must prove that the other driver was negligent. The severity of your injuries impacts both the non-economic and economic damages you are entitled to. Sometimes, cars are defectively created or manufactured. In these cases your lawyer may suggest that you sue the manufacturer, in addition to the driver who caused the accident. You can sue the government agency that is responsible for road construction or upkeep if it has knowledge or should have known about dangerous conditions on its roads. However, you are not able to in any way hold an individual employee responsible in such a case. Damages You aren't able to calculate the exact amount of damages, but it's contingent on the laws of your state and the severity of the injury. However it is an excellent idea to have your medical bills and other expenses documented by an expert and to include the estimated future losses as well. When negotiations to negotiate compensation, a lawyer representing a plaintiff will look for as much evidence as they can to prove their client's case. This can include eyewitness testimony, police reports, or medical records. In certain situations, your attorney could request information from the defendant's attorneys and the defendant in a process called discovery. Depositions are also possible which are where your lawyer asks you questions under oath concerning the accident and your injuries. Sometimes, both parties reach a settlement before the lawsuit ever reaches trial. This is typical in car accidents, because both parties are looking to save money and time in legal costs and also avoid the anxiety that comes with the stress of a trial. This could happen at any time during the trial however it is more likely to occur after the discovery process has completed. It can also occur after the other party learns or shares crucial information that they believe makes it impossible for their opponent to win. Medical bills Medical bills can be the largest expense incurred by an auto accident. They can come from private healthcare providers like medical clinics and hospitals, or government-run healthcare, such as Medicare and Medicaid. Whatever the source of the medical bills come from, it is crucial that patients have the proper financial protection to cover the expenses. Personal injury lawsuits can be brought by victims of car accidents to recover the costs. In certain instances the health or auto insurance will cover the costs before the verdict is reached or a settlement has been reached. This could reduce the total settlement amount and help the victim avoid having to pay out of pocket for expenses. However, the insurers that have paid for these expenses could try to recover the money they spent from the accident victim via a process referred to as subrogation. This is why it is essential to have an attorney on your side that understands the complexities of this process and will fight for fair compensation. Certain drivers also have a particular type of car insurance coverage, referred to as “medical payment” or “PIP.” This type of insurance typically pays medical bills directly, without having to establish fault for the accident. This coverage is generally accessible to all crash victims and does not require any deductible. Even this coverage has limitations, and you shouldn't rely on it to cover all medical expenses. Settlements A fair settlement should cover your expenses, such as medical bills, property damage and loss of wages. The settlement should also include compensation for any damages that are long-term or limitations such as reduced mobility or pain and discomfort. It is important to speak with an experienced attorney to ensure you receive the highest amount for your injuries and damages. The process of settlement can take months or years, depending on your situation. The time frame can differ from state to state and is contingent on the complexity of your case. After a thorough investigation into the accident, we'll send a demand to the insurance company of the driver who was at the fault. We will work with your insurance company to get an acceptable settlement offer. If negotiations with the insurance company do not succeed and your lawyer is unable to resolve the issue, he will start a lawsuit against the liable party in a court. The discovery phase will begin, which is an official process in which both parties exchange information and evidence. During auto accident attorney jacksonville will inquire of the defendant as well as the defendant's attorneys for information in the form written questions (called interrogatories), and oral testimony via depositions. During the time of discovery and trial, your attorney can file legal documents, also known as motions to the court, which the judge will read and rule on. If one of the parties is unhappy with the trial's outcome, they may appeal, which could increase the length of your trial by months or years.