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How to File an Auto Accident Lawsuit If the settlement offer of an insurance company is not sufficient to cover the damages you suffered, you are able to file a lawsuit. The process begins when your lawyer file a legal complaint. Your lawyer will gather details from witnesses and experts. They will also review medical and police reports. This is known as 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 filed within the time frame set by the state in which your car accident occurred. Insurance companies are often enticed to pay the least amount they can for legitimate claims. It is crucial to ensure your safety. Document all relevant information such as witness statements, photos, police reports, and any other relevant information, at the scene. It is recommended to contact your insurance provider immediately, so they can begin processing your claim as well as collecting evidence from the scene. In New York, no-fault insurance covers medical expenses and up to 80% your lost income, up to the limits of the policy. It also covers other damages like suffering and pain. However you must be able to prove the negligence of the other driver caused your injury. The extent of your injuries will determine the amount of economic and non-economic damages you are entitled to. Sometimes, cars are not properly created or manufactured. In these situations your attorney might suggest that you sue the manufacturer, in addition to the driver who caused the crash. You can also sue a government organization responsible for road construction and upkeep if they know or should have known about the dangerous conditions on their roadways, but you cannot make individual employees accountable in this type of lawsuit. Damages Depending on the laws in your state and the extent of your injuries, compensation may be able to cover medical bills, car repairs, lost income, property damage, and “pain and suffering.” It's impossible to estimate the value of these losses with complete accuracy. It is recommended to keep your medical expenses and other expenses included in your report along with your estimated future loss. A lawyer for a plaintiff will utilize the most evidence to support the client's claim as much as is possible when negotiating compensation. This could include eyewitness accounts or police reports, as well as medical records. In certain cases your attorney may request information from the defendant as well as their attorneys in a procedure known as discovery. Deposits could also be required, during which your lawyer will ask questions about the accident or injuries under an oath. Sometimes, both parties will be able to reach a settlement before the trial. This is common in car accidents, because both parties are looking to save money and time in legal costs and also avoid the stress from the prospect of trial. This can happen at any time during the trial, but is more likely to happen during the discovery process. auto accident attorney north richland hills can also happen after one side learns or divulges information they believe is insurmountable for the opposing side to prevail. Medical bills Medical bills can be the largest cost associated with an auto accident. These bills can come from private healthcare providers like hospitals and clinics or from government-funded healthcare such as Medicare and Medicaid. It is essential to have adequate financial coverage for the victims, no matter where the medical costs come from. Personal injury lawsuits can be filed by car accident victims to recover these costs. In certain cases the health insurance or auto insurance will pay for these expenses prior to a settlement or verdict is reached. This can lower the amount of settlement total and save the victim from having to pay for out-of-pocket expenses. Subrogation is an legal process that permits insurers to collect the money they owe from accident victims. This is why it is essential to have an attorney on your side who knows the intricacies of this procedure and will fight for fair compensation. Certain drivers also are covered by an additional type of auto insurance known as “medical payment” or “PIP.” It pays medical expenses without determining fault in the accident. The coverage does not usually have a deductible, and is available to all injured car accident victims. However, even this insurance isn't unlimited and should not be relied on for the payment of all your medical expenses. Settlements A fair settlement should be able to cover your losses, including medical bills, property damage and lost wages. The settlement should also provide compensation for any damages that are long-term or limitations, such as a decrease in mobility or discomfort and pain. It is recommended to consult with an experienced lawyer to receive the most amount of compensation for your injuries and the damages. The process of settling a case can be a long time, or even years, depending on the complexity of your case. The time frame for settlements varies between states and is influenced by the nature of your claim. Typically, after a full investigation of your accident our legal team will then send a demand letter to the at-fault driver's insurer. We will engage with the insurance company to get a fair price for your settlement. If negotiations with the insurance company fail your lawyer will bring an action against the responsible party in a court. The discovery phase is the formal exchange of information and evidence between both parties. During this phase, your attorney will ask the defendant and the defendant's attorneys for information in the form written questions (called interrogatories) and oral statements via depositions. Your attorney can present motions to the court during the discovery period or trial. The judge will review the motions and then make a final decision. If one of the parties is unhappy with the verdict of the trial, they can appeal, which could extend the duration of your case by months or years.