How to Build an Auto Accident Legal Claim
When filing a claim a lawyer for car accidents will examine all ways your injuries have impacted your life. This includes current and future medical treatment costs along with lost wages and emotional impacts.
An attorney with a wealth of experience in preparing, negotiating and settling car accident cases is crucial. Insurance companies know that attorneys who are willing to go to trial will fight for the highest compensation.
Traffic collisions
A traffic collision is any kind of accident that involves one or more vehicles. These accidents can include pedestrians, animals road debris, stationary obstacles such as poles or buildings. They can also occur on private or public roads. Accidents involving traffic can be accidental or intentional. Examples of intentional traffic crimes include vehicular murder and suicide.
According to auto accident lawsuit providence are among the most common types of incidents in New York City. The city maintains a public database of every motor vehicle accident. The database includes information on the date the time, place and degree of the collision.
Report all traffic accidents even if they appear minor. You could lose your right to compensation if you fail to report the crash. Failing to report a collision could also result in the suspension of your license or other penalties.
It is essential to contact the police and take photos of the scene after an accident, If you're involved in an accident. You should also gather all the information you can about the other driver including their insurance company. If you are unable to find the other driver, you may make a claim with your own auto insurance or a policy for a family member. You might also be capable of filing an insurance claim through the state's special fund for catastrophically injured people named the New York Motor Vehicle Accident Indemnification Corporation (MVAIC).
At-fault driver citations
In states that adhere to rules based on fault in which the at-fault driver's insurance covers the cost of medical and vehicle repairs for other drivers involved a crash. However there are other forms of compensation you can pursue for losses resulting from the crash. In these instances, you will need to show that the other driver was negligent. A traffic citation is a good form of evidence for this purpose.
In many police communities, officers have the power to issue a driver warning after an accident. However, if they believe that a driver caused an accident through an unintentional violation and they believe that the cause was a moving violation, they will typically issue one. The nature of the violation will also affect the insurance company's decision on fault.
Certain states have "contributing factor" boxes in accident reports where police can assign a percentage to the driver responsible for an incident. For instance, if were struck by a driver who was speeding through a red light, and you had the chance to get away from the path but didn't then you could be assigned some percentage of the blame for the incident.
A skilled personal injury lawyer can establish that the other driver did not fulfill their duty of care by driving recklessly and not observing road rules. You can then seek compensation for your physical and emotional injuries. If your losses are greater than the liability insurance coverage, you may sue the driver who is at fault.
Counterclaims
When a car collision occurs the parties involved have a limited amount of time to pursue legal action. The deadlines for filing lawsuits can vary from state to state however, a lawsuit that is filed in the appropriate time frame is a reliable option to obtain compensation for losses and injuries caused by the collision. A knowledgeable lawyer on your side can allow you to work with insurance companies to settle your case to trial.
One of the first steps that you and your attorney will take to initiate the legal process is to make a police report. The report is crucial since it contains a concise summary of what happened, the information and evidence collected at the scene witness statements, more. This document is used by insurance companies as well as attorneys to determine fault, and to determine what damages you might be entitled to.
Once your attorney files the report after which both parties will engage in a series of exchanges called discovery. This is the time when your lawyer will ask questions from the representatives of the defendant and get information on their account of events, including their assessment of the severity of your injuries. Your lawyer can also request experts' opinions to back up your claims and add credibility to your case.
Making a counterclaim is a common tactic used by at-fault parties in order to tip the scales in their favor. This is particularly common in states that have modified law governing comparative negligence which require victims to prove they were less than 50% responsible for the incident.
Comparative negligence
Identifying who is at fault in an automobile accident is often confusing and at times difficult. This is particularly true in states which have adopted the concept of shared fault or comparative negligence rules. Laws that allow for comparative negligence permit the injured party to recover damages, but they must bear their own portion of the responsibility for the accident. For instance in the event that you were found to be negligent for 20 percent of the time then your compensation would be cut by 80 percent.
New York is a state that only recognizes the concept of comparative negligence. If your case reaches court, the jury and judge will evaluate the amount of fault each party has contributed to the accident and reduce the amount of damage awarded by the same amount. Insurance companies employ standards of comparative negligence to evaluate claims from third parties.
There are three basic types of comparative negligent such as pure comparative neglect, modified comparative fault, and contributory negligence. Most states including Texas adhere to the modified comparative fault rule. Prior to 1995, Texas followed the traditional Joint and Several Liability Rule which held each tortfeasor/defendant to be accountable for the total amount of the victim's losses.
Your attorney will ask oral questions of witnesses, medical professionals and police officers who were involved in the crash through depositions. These will help your legal team construct a case against your auto accident. Your testimony will help strengthen your case.