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How to Build an Auto Accident Legal Claim When filing a claim an attorney for car accidents will examine all ways your injuries have impacted your life This includes current and future medical expenses lost wages and emotional effects A lawyer who has extensive experience in preparing car accident cases and presenting them to the court is crucial Insurance companies know that lawyers willing to go to trial will fight to secure the most money auto accident law firm st joseph is any kind of accident that involves one or more vehicles These accidents may also include pedestrians stationary obstacles such as poles or structures and animals road debris or road debris They can also happen on public or private roads Traffic accidents can be intentional or unintentional Examples of trafficrelated crimes include vehicular homicide and vehicular suicide According to the NYC Open Data initiative Car crashes are among the most frequent types of accidents that occur in New York City The city maintains a public database of every reported motor vehicle accident The database includes information on the date time location and severity of the crash Report any traffic accident even if they appear minor If you dont report the incident you could lose your right to receive compensation from the other driver or the insurance company In the event of a collision not reporting it could also result in an immediate suspension of your license or other penalties If youre involved in a traffic accident It is vital to report the incident immediately and to take photographs of the scene Also you should collect all the information about the other driver as well as their insurance company If you are unable to find the other driver then you can file a claim with your own auto insurer or a household family members insurance You might be able to make claims through the New York Motor Vehicle Accident Indemnification Corporation which is a statefunded fund that provides compensation for seriously injured individuals Atfault driver citations In states that have faultbased insurance laws the insurer of the driver who is at blame is responsible for medical costs and vehicle repair costs for other drivers involved You may still be able to seek compensation for your loss In these cases you must be able to provide proof that the other driver was negligent or careless A traffic citation is an excellent source of evidence for this reason In most police communities officers have the power to issue a driver a citation in the event of an accident If they believe the driver caused an accident by committing a violation of the law the police will typically issue a ticket The nature of the offense influences the determination of the fault of the insurance company Certain states have contributing factor boxes on accident reports in which officers can assign a percentage of the blame to the driver responsible for an incident If you were struck by a driver who went straight through a traffic signal and you could have walked away from the path but didnt you might be assigned some percentage of the blame for the accident An experienced personal injury attorney will assist you in proving that the driver who was driving in violation of his or their duty of care to drive in a safe manner and obey road rules You could then seek damages for your physical and emotional injuries If your losses go beyond what your liability insurance covers you can bring a lawsuit against the atfault driver Counterclaims In the event of a car accident the parties involved are given a limited amount of time to pursue legal action These deadlines may differ from state to state however a lawsuit filed within the proper timeframe could be a great option to obtain compensation for the damages and injuries due to the collision An experienced lawyer can help you negotiate with insurance companies and even take your case to court Your lawyer and you will begin the legal process by filing the police report This vital document contains an overview of the incident details and evidence that was gathered at the scene testimony from witnesses and more The document is utilized by insurance companies and attorneys to determine who is at fault and what damages you may be entitled to After your attorney has filed the report both parties will engage in a series exchanges known as discovery Your attorney will then ask the Defendant representatives for questions and collect details on their version of the events including the extent of your injuries Your attorney may also seek experts opinions to back up your assertions and lend credibility to your case The filing of a counterclaim is a common tactic used by atfault parties in order to shift the balance to their advantage This is particularly common in states with modified law governing comparative negligence which require victims to prove they were less than 50 at fault for the accident Comparative negligence To determine who is at blame for a car crash is often confusing and sometimes difficult This is especially true for states that have shared fault or the rules of comparative negligence Comparative negligence laws allow an injured person to recover damages minus their own share of the blame for the accident If you are found to be 20 negligent your claim will be reduced by an amount of 80 New York is a pure comparative negligence state So when your case goes to court judges and juries will evaluate the amount of fault that each party is responsible for the accident and reduce the amount of damage awarded by the same amount Insurance companies employ principles of comparative negligence when evaluating claims from third parties There are three basic types of comparative negligent that are pure comparative negligence modified comparative fault and contributory negligence Texas is one of the states that abide by the modified relative negligence rule Prior to 1995 Texas followed the traditional Joint and Several Liability Rule that held each tortfeasordefendant responsible for the entire amount of the victims damages Depositions allow your attorney to inquire orally to police officers witnesses and medical professionals who were involved in the collision These will help the legal team build your auto accident case Your testimony could strengthen your claim