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How to File an Auto Accident Lawsuit If the settlement offer offered by an insurance company is not sufficient to cover your losses, you may file a lawsuit. The process begins with an attorney filing a legal complaint. Your lawyer will collect information from witnesses and experts. They will also look over medical and police records. This is known as discovery. Liability After an accident, it is the responsibility of the party responsible to make a claim for liability with their insurance company. The claim must be made within the timeframe determined by the state where the incident occurred. Insurance companies are often enticed to pay out as little as possible for legitimate claims. It is important to safeguard yourself. Keep all the evidence you can at the scene including photos as well as witness statements and police reports as well as other relevant information. It's also a good idea to call your insurance company immediately, so they will be able to begin processing your claim and collecting evidence from the scene. In New York, no-fault insurance covers medical expenses as well as up to 80% of lost income, subject to the limits set by the policy. It also covers other expenses such as pain and suffering. However you must be able to prove that the negligence of another driver led to your injury. The severity of your injuries impacts both the non-economic and economic damages you are entitled to. Sometimes, cars are not properly made or designed. Your attorney may suggest that you sue the driver and the manufacturer if the car is defective. You can sue the public body responsible for road construction or upkeep when it is aware or ought to be aware of the dangers on its roads. But, you cannot claim that an individual employee is liable in such a lawsuit. Damages Depending on the laws in your state and the severity of the injuries you sustained, compensation may be used to pay for things like medical bills as well as car repairs, lost income, property damage and “pain and suffering.” It is impossible to estimate the value of these damages with complete accuracy. However it's a good idea to have your medical bills and other expenses documented by a professional, and to include your projected future losses. When it comes to negotiating compensation, a plaintiff's attorney will try to find as much evidence as is possible to support their client's argument. This includes eyewitness statements, police reports and medical records. In certain situations, your attorney might request information from the lawyers of the defendant and defendant in a procedure called discovery. This may also involve depositions in which your lawyer asks you questions under oath on the accident and your injuries. Sometimes, both parties reach an agreement before the lawsuit goes to trial. This is common in car accidents because both parties want to save time and money on legal fees and to avoid the stress of a trial. This can happen at any point during the litigation, but is most likely to happen after the discovery process is finished. It could also occur after one side has learned or shares information they think makes it impossible for the opposing side to prevail. Medical bills Medical bills are often the largest expense incurred by the aftermath of a car crash. These bills can come from private healthcare providers, like hospitals and clinics or from healthcare that is provided by government agencies like Medicare and Medicaid. No matter where the medical bills are originating from, it is crucial that the victims have financial protection to cover these expenses. Accident victims can file a personal injuries lawsuit to recover these expenses. In some instances the health or auto insurance will pay for the expenses prior to when a verdict is reached or a settlement is reached. This can reduce the amount of the settlement and also prevent the victim from having to pay out-of-pocket expenses. However, the insurance companies who paid for these expenses might try to recover the amount they spent from the accident victim via a process referred to as subrogation. Therefore, it is essential to have an attorney by your side who understands this procedure and will fight 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. This coverage is generally available to all car accident victims and does not require a minimum deductible. However even this insurance isn't unlimited and should not be relied upon to cover all of your medical expenses. Settlements A fair settlement should cover your expenses, such as medical bills or property damage, as well as lost wages. It should also include a portion to cover any long-term damage or limitations such as a decreased mobility or suffering and pain. You should consult a seasoned attorney to obtain the most amount of compensation for your injuries and the damages. auto accident attorneys georgia of settling a case can take months or 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 nature of your claim. Typically, following a thorough investigation into the accident Our legal team will submit a demand letter to at-fault driver's insurance provider. We will work with your insurance company to get a fair settlement. If negotiations with the insurer fail the lawyer will file a lawsuit against the responsible party. The discovery phase then begins with an official process in which both parties exchange information and evidence. During this stage the attorney will ask information from the defendant and their attorneys in the form of written questions (called interrogatories) as well as oral testimony in depositions. Your lawyer can present motions to the court during the trial or discovery phase. The judge will examine them and make a decision. If one of the parties is dissatisfied with the trial's outcome, they can appeal, which could increase the length of your case by months or years.