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How to File an Auto Accident Lawsuit You may file a lawsuit if the settlement offer from an insurance company fails to compensate you for your losses. The process begins when your lawyer lodges a legal claim. Your lawyer will gather information from experts and witnesses. They will also go through medical and police reports. This is called discovery. auto accident attorney chino After an accident, the person responsible must file a claim for liability with their insurance company. The claim must be filed within the period set by the state in which the accident occurred. Insurance companies may be tempted to pay as little as is possible for legitimate claims, therefore it's essential to take the necessary steps to protect yourself. Document all relevant information such as photographs, witness statements and police reports, as well as any other relevant information, on the scene. Contacting your insurance company as soon as you can is a good idea, so they can begin processing your claim and collect evidence from the scene. In New York, the no-fault system covers medical costs and up to 80% of your lost income up to the limits of your policy. It also covers other losses like pain and suffering. However you have to prove that 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 automobiles are constructed or designed in a manner that is defective. Your lawyer could suggest that you sue both the driver and the manufacturer in the event that the car is defective. You may also sue a federal agency responsible for road maintenance and construction if they know or should be aware of the dangerous conditions on their roadways, but you cannot charge individual employees in this type of lawsuit. Damages Depending on your state's laws and the extent of your injuries, compensation can be able to cover medical bills as well as car repairs, lost income, property damage, and “pain and suffering.” It's impossible to estimate the value of these damages with 100% accuracy. It's best to have your medical expenses and other costs be documented, along with the estimated future loss. When you are negotiating compensation, a lawyer representing a plaintiff will seek out as much evidence as they can to prove their client's case. This includes eyewitness statements, police reports and medical records. In certain cases your lawyer will request information from the defendant and their attorneys through a process known as discovery. Deposits could be required, in which your lawyer asks questions about the accident and injuries under an oath. Sometimes, both parties be able to reach a settlement before the case reaches trial. This is typical in car accidents, because both parties want to save money and time on legal fees as well as avoid stress of going to trial. This could occur at any time during the litigation however it is more likely to happen after the discovery process has finished. It could also happen after one party learns or divulges information they believe makes it impossible for the opposing side to prevail. Medical bills Medical bills are often the biggest expense associated with a car accident. These bills can come from private healthcare providers like clinics and hospitals or from government-funded healthcare such as Medicare and Medicaid. Regardless of where the medical bills come from, it's important that patients have the proper insurance to cover the expenses. Victims of car accidents are able to file a personal injury lawsuit to recover these expenses. In some cases, health insurance or auto insurance will pay for these expenses before a verdict or settlement is reached. This can reduce the total settlement amount and help the victim avoid having to pay out of pocket for expenses. However, the insurance companies that pay for these expenses might attempt to recover the funds they paid from the accident victim by using a process known as subrogation. This is why it is essential to have a lawyer to your side who is aware of the intricacies of this procedure and will fight for fair compensation. Certain drivers also have a form of car insurance coverage known as “medical payment” or “PIP.” This form of insurance usually pays medical bills in one lump sum, without needing to determine the cause of the crash. This coverage usually does not have a deductible and is available to all injured car accident victims. However, it is subject to limitations, and you shouldn't rely on it to cover all medical expenses. Settlements A fair settlement should cover your losses, which include medical expenses, property damage and loss of wages. It should also include a sum to compensate for any permanent impairments or damages like a decrease in mobility or suffering and pain. You should consult a seasoned lawyer to receive the maximum amount of money for your injuries and the damages. The process of settling a case can take months or years, depending on the nature of your case. The length of time varies between states and is influenced by the complexity of your case. After a thorough investigation into your accident, we'll send a claim to the insurance company of the driver who was at fault. We will negotiate with the insurance company to get a fair price for your settlement. If negotiations with the insurer do not succeed, your lawyer will file a lawsuit against the responsible party. The discovery phase is the formal exchange of information and evidence between both parties. During this stage the attorney will ask information from the defendant and their attorneys in the form of written questions (called interrogatories) and oral testimony via depositions. During the discovery period and trial, your attorney may file legal documents called motions with the court, which the judge will then review and decide on. If one of the parties is dissatisfied with the trial's outcome, they can appeal, which can add to the length of your case by months or even years.