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How to File an Auto Accident Lawsuit You may make a claim if the settlement offer from an insurance company fails to compensate you for your losses. The procedure begins with your attorney filing a legal complaint. Your lawyer will collect information from experts and witnesses. They will also review medical treatment and police records. This is called discovery. Liability After an accident, it is the responsibility of the person responsible to submit a claim of liability with their insurance company. The claim must be made within the deadlines determined by the state where the incident occurred. Insurance companies can be enticed to accept as little as they can on legitimate claims, and so it's crucial to take steps to protect yourself. Note everything you can on the scene including photos, witness statements as well as police reports and other relevant information. Calling your insurance provider immediately is a good idea so that they can start to process your claim and collect evidence from the scene. In New York, the no-fault system covers medical expenses and up to 80% of your lost income, subject to policy limits. It also covers other losses such as suffering and pain. However you have to prove the negligent driving of the other driver that caused your injury. The extent of your injuries will affect both the economic and non-economic damages you are entitled to. Sometimes, cars are defectively created or manufactured. In these cases your lawyer may suggest taking action against the manufacturer, in addition to the driver responsible for the crash. You may also sue the government entity that is responsible for road maintenance and construction if it knows or should have been aware of unsafe conditions on its roads. But, you cannot hold an individual employee liable in a lawsuit. Damages Based on the laws of your state and the extent of your injuries, compensation may cover things such as medical bills, car repairs, lost income, property damage, and “pain and suffering.” It's impossible to determine the value of these damages with 100% precision. However, it's recommended to have your medical bills and other expenses documented by an expert and to include your estimated future losses as well. A lawyer for a plaintiff will utilize the most evidence to support the client's claim as is possible when negotiations for compensation. This could include eyewitness accounts or police reports, as well as medical records. In certain cases, your attorney could request information from the attorney of the defendant and the defendant through a process known as discovery. It could also include depositions, where your lawyer asks you questions under oath concerning the accident and injuries. Sometimes, both parties will be able to reach a settlement before the case reaches trial. This is common in the case of car accidents, because both parties want to save money and time in legal costs and also avoid the anxiety that comes with a trial. This can occur at any point during the trial, but is more likely to occur during the discovery process. It can also happen after one party discovers or divulges important information they believe makes it impossible for their opponent to prevail. Medical bills Medical expenses can be the biggest expense associated with the aftermath of a car crash. These expenses can come from private healthcare providers, like clinics and hospitals, or from government-based healthcare like Medicare and Medicaid. It is vital to have adequate financial coverage for the victims, no matter the source of the medical bills from. Personal injury lawsuits can be filed by car accident victims to recover these costs. In some cases, auto or health insurance will pay for the expenses prior to when an agreement is reached or a settlement has been reached. This could reduce the overall amount of the settlement and also prevent the victim from having to pay out-of-pocket costs. However, the insurers that paid for these expenses might try to recover the money they spent from the accident victim by a process known as subrogation. It is therefore essential to have an attorney on your side who is knowledgeable about this process and will fight hard to get fair compensation. Certain drivers also are covered by an additional type of auto insurance called “medical payment” or “PIP.” auto accident lawyer albany pays medical expenses without determining fault in the accident. The coverage is generally accessible to all crash victims and does not require any minimum deductible. Even this coverage has limitations and you should not depend on it to cover all of your medical costs. Settlements A fair settlement will cover all your expenses, including medical bills, lost wages and property damage. The settlement should also provide for compensation for any damages that are long-term or limitations, like reduced mobility or discomfort and pain. It is important to speak with an experienced attorney to ensure you receive the highest amount for your injuries and damages. The settlement process can take a few months or years depending on the situation. The length of time required to obtain a settlement varies between states and is affected by the complexity of your case. Typically, after a full investigation of the incident, our legal team will send an order letter to the at-fault driver's insurance provider. We will negotiate with the insurance company to negotiate a fair offer for your settlement. If negotiations with the insurance company do not succeed and your lawyer is unable to resolve the issue, he will initiate an action against the responsible party in a court. The discovery phase is the formal exchange of information and evidence between the parties. In this phase your lawyer will request the defendant and his attorneys for information in the form written questions (called interrogatories) as well as oral testimony through depositions. During the time of discovery and trial, your lawyer could file legal documents known as motions in court which the judge will then review and rule on. If one of the parties is not satisfied with the outcome of the trial, they can appeal. This can add to the length of your case by months or years.