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How to File an Auto Accident Lawsuit You may make a claim if the settlement offer made by an insurance company doesnt compensate you for your losses The procedure begins with your attorney filing a lawsuit Your lawyer will gather information from experts and witnesses They will also review medical and police records This is called discovery Liability After an accident it is the responsibility of the responsible party to file a claim for liability with their insurance company The claim must be filed within the legal timeframe set by the state in which the accident occurred Insurance companies are often enticed to pay as little as possible for legitimate claims It is essential to safeguard yourself Keep all the evidence you can at the scene including photographs witnesses statements or police reports as well as any other pertinent details Its also a good idea to contact your insurance provider immediately so that they will be able to begin processing your claim as well as collecting evidence from the scene In New York the nofault system will pay medical bills and up to 80 percent of your lost income up to policy limits It also covers noneconomic losses like pain and suffering You must prove that the other driver was negligent The severity of your injuries impacts both the economic and noneconomic damages you are entitled to Sometimes cars are defectively designed or manufactured In these instances your attorney might suggest taking action against the manufacturer as well as the driver accountable for the accident You may also sue a federal entity responsible for road construction and maintenance if they know or should have been aware of the hazardous road conditions however you are not able to charge individual employees in this kind of lawsuit Damages Depending on the laws in your state and the extent of your injuries compensation can cover things such as medical bills car repairs lost income property damage and pain and suffering It is impossible to calculate the worth of these losses with complete accuracy It is best to have your medical costs and other expenses documented and include your estimated future loss When negotiations for compensation the attorney for the plaintiff will look for as much evidence as they can to prove their clients case This includes eyewitness testimony police reports and medical records In certain instances your attorney might seek information from the attorney of the defendant and the defendant through a process called 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 agree to an agreement before the lawsuit goes to trial This is a common scenario in car accidents as both sides want to save time and money on legal costs as well as to avoid the stress of a trial This could happen at any time during the trial however it is more likely to happen after the discovery process has finished It could also occur after one side has learned or shares information they believe is insurmountable for the opposing side to prevail Medical bills Medical bills are often the biggest expense following the crash of a vehicle These bills can be from private healthcare providers like medical clinics and hospitals or governmentrun healthcare such as Medicare and Medicaid Regardless of where the medical bills come from its crucial that the victims have proper financial protection to cover these costs Car accident victims can file a personal injury lawsuit to recover these expenses In some instances auto or health insurance will cover the costs prior to a verdict is reached or a settlement is made This can lower the amount of the settlement and save the victim from having to cover outofpocket expenses Subrogation is a legal procedure that allows insurers to recover the money they owe from victims of accidents It is therefore important to have an attorney by your side who is knowledgeable about this process and will fight hard to get fair compensation Certain drivers are covered by an additional type of auto insurance known as medical payment or PIP It covers medical expenses without determining fault in the accident The coverage does not usually have a deductible and is available to all car accident victims Even this insurance has limitations and you shouldnt be relying on it to pay all medical expenses 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 damage that is longterm or limitations such as a decrease in mobility or pain and discomfort Its important that you consult with an experienced lawyer to obtain the maximum amount for your damages and injuries The process of settling a case can be a long time or even years depending on the complexity of your case The length of time required to obtain a settlement varies between states and is affected by the complexity of your claim After a thorough examination of your accident we will send a request to the insurance company of the driver at fault We will discuss with your insurance company to reach a fair settlement offer If negotiations with the insurance company fail and your lawyer is unable to resolve the issue he will bring an action against the responsible party in a court The discovery phase will begin with a formal process where both parties exchange information and evidence In auto accident law firm syracuse will inquire of the defendant and the defendants attorneys for information in the form written questions called interrogatories and oral statements via depositions During the discovery period and trial your attorney can file legal documents also known as motions to the court which the judge will review and decide on If one of the parties is dissatisfied with the outcome of the trial they can appeal which could increase the length of your case by months or even years