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How to File an Auto Accident Lawsuit If an insurance companys settlement offer does not provide enough coverage for the damages you suffered you are able to make a claim The procedure begins with your attorney filing a lawsuit Your lawyer will collect information from witnesses and experts They will also review medical and police reports This is known as discovery Liability After an accident the responsible party must file a claim for liability with their insurance company The claim must be made within the deadlines set by the state where the incident occurred Insurance companies may be tempted to accept as little as they can on legitimate claims and so its important to take steps to safeguard yourself Keep all relevant information including photographs witness statements police reports and other pertinent information at the scene Contacting your insurance company as soon as you can is a good idea so that they can start to process your claim and collect evidence from the scene In New York the nofault system covers medical expenses and up to 80 percent of the loss of income up to the limits of your policy Also it covers noneconomic losses like pain and suffering However you must be able to prove the negligence of the other driver caused your injury The degree of your injuries impact both the economic and noneconomic damages youre entitled to Sometimes vehicles are not properly created or manufactured Your lawyer might suggest that you sue the driver and the manufacturer if the car is defective You may also sue the government body responsible for road maintenance or construction if it knows or should have known of dangerous conditions on its roads However you cannot claim that an individual employee is liable in such a case Damages Based on the laws of your state and the severity of your injuries compensation could cover things such as medical bills or car repairs loss of income property damage and pain and suffering Its impossible to calculate the worth of these losses with complete precision However its a good idea to have your medical expenses and other costs documented by a professional and include the estimated future losses When negotiations to negotiate compensation the attorney for the plaintiff will look for as much evidence as possible to support their clients case This includes eyewitness testimony police reports and medical records In some instances your attorney will request information from the defendant and their attorneys through a process called discovery This may also involve depositions where your lawyer asks you questions under oath regarding the accident and injuries Sometimes both parties agree to a settlement even before the trial This is typical in the case of car accidents because both parties are looking to save money and time in legal costs and also avoid the stress from the stress of a trial This can happen at any point in the trial but is more likely to occur after the discovery process It can also happen after the other party learns or shares important information they believe makes it impossible for their opponent to prevail Medical bills Medical bills can be the largest expense incurred by an accident These expenses can come from private healthcare providers such as hospitals and medical clinics or the governmentrun healthcare system like Medicare and Medicaid No matter where the medical bills come from its crucial that patients have the proper insurance coverage to pay for these costs Car accident victims are able to file a personal injury lawsuit to recover these expenses In certain cases health insurance or auto insurance can cover these expenses prior to a settlement or verdict is reached This could lower the amount of settlement and prevent the victim having to pay out of pocket for costs However the insurers that paid for these expenses might try to recoup the money that they spent from the victim by using a process known as subrogation Therefore it is essential to have an attorney by your side who understands this process and will fight hard for fair compensation Certain drivers also have a specific type of car insurance coverage referred to as medical payment or PIP This form of insurance typically covers medical bills directly without having to determine fault for the accident This type of insurance does not typically have a deductible and is available to all injured car accident victims However even this coverage is not unlimited and shouldnt be relied on for the payment of all your medical expenses Settlements A fair settlement should cover your losses including medical bills property damage and loss of wages The settlement should also provide for compensation for any damages that are longterm or limitations such as reduced mobility or discomfort It is crucial to speak with an experienced lawyer to get the most money for your damages and injuries The process of obtaining a settlement can be a long time or even years depending on the complexity of your case auto accident attorneys syracuse of time can vary from state to state and depends on the complexity of your case After a thorough investigation into your accident well send a request to the insurance company of the driver at the fault We will bargain with the insurance provider to get a fair price for your settlement If negotiations with the insurer fail your lawyer will file a court case against the responsible party The discovery phase is the formal exchange of information and evidence between both parties In this phase 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 Throughout the discovery phase and trial your lawyer can file legal documents also known as motions to the court which the judge will review and decide on If one party isnt satisfied with the verdict of the trial they may appeal This could prolong the case by several months or years