How to Build an Auto Accident Legal Claim

A car accident lawyer will consider all the ways in which your injuries have affected your life. This includes current and future medical costs loss of wages, emotional impacts.

A lawyer with extensive experience in preparing and conducting trials in cases involving car accidents is essential. Insurance companies know that attorneys willing to take cases to trial will fight to get the most money.

Traffic collisions

Traffic collisions are any type of accident that involve at minimum one vehicle. These accidents may also include pedestrians, stationary obstacles such as poles or structures or animals road debris, or road debris. They can also occur on public or private roads. Traffic collisions may be intentionally or unintentionally. Examples of traffic crimes committed intentionally include vehicular murder and suicide.

According to the NYC Open Data initiative the NYC Open Data initiative, car accidents are among the most frequent kinds of incidents that occur in New York City. The city maintains an online database of all reported motor car accidents. It includes information about the date and time of the collision, its location and the severity.

Report any traffic accident even if they appear minor. You may lose your right to compensation if do not report the accident. Failure to report a collision could also result in a suspension of your license or other penalties.

If you are involved in a traffic accident It is vital to report the incident immediately and to snap photos of the scene. You should also gather all the information of the other driver, including their insurance company. If you are unable to locate the other driver you may file a claim using your own auto insurance or a family member's insurance. You might be able to make claims through the New York Motor Vehicle Accident Indemnification Corporation that is a state-funded fund that compensates victims of catastrophic injuries.

At-fault driver citations

In states with fault-based insurance laws, the insurance company of the driver at the fault pays medical expenses and vehicle repair costs for the other drivers involved. You can still get compensation for your losses. In these instances you'll need to demonstrate that the other driver was negligent. Traffic citations are a great evidence.

In many police stations officers have a say in whether they issue a motorist a ticket after an accident. If they believe that a driver caused an accident through a moving violation then they typically issue one. The nature of the offense plays a part in determining the responsibility of the insurance company.

Some states have "contributing factor" boxes on accident reports in which officers can assign a percentage to a driver for an incident. For instance, if you were hit by another driver who was going straight through a red light, and you had the opportunity to get away from the traffic, but did not, you may be assigned a percentage of blame for the incident.

A skilled personal injury lawyer can assist you in proving the driver who was driving in violation of his or her duty of care to drive safely and adhere to road rules. You can then seek compensation for your physical and emotional injuries. If your losses go beyond what your liability insurance covers, you can make a claim against the driver at fault.

Counterclaims

After a car crash and the parties involved have a specific amount of time in which to initiate legal action. The deadlines vary between states, however, a lawsuit filed within the appropriate time frame is a reliable way to recover compensation for the losses and injuries resulting from the collision. An experienced lawyer at your side will help you work with insurance companies to settle or take your case to trial.

Your lawyer and you begin the legal process by filing the police report. The report is a crucial document that includes an account of the incident, data and evidence collected at the scene, witness statements and more. It is commonly used by attorneys and insurance companies to determine who is at fault and the types of damages you might be entitled to claim.

After your attorney has filed the report after which both parties will engage in a series called discovery. This is when your attorney will ask questions of the representatives of the defendant, and collect information regarding their version of events, including their assessment of the severity of your injuries. Your attorney can also seek expert opinions to support your claims and provide credibility to your case.

Counterclaims are a popular method for those who are in fault to attempt to tip the scales in their way. This is especially prevalent in states that have changed comparative negligence laws, which require victims to prove that they are less than 51 percent at fault for the crash.

Comparative negligence

Finding out who is at fault for an auto accident law firm accident is often confusing and at times difficult. This is especially true in states which have adopted the concept of shared fault or comparative negligence rules. Comparative negligence laws allow the injured party to recover damages, minus their own share of the responsibility for the accident. If you are found to be 20 percent negligent, your compensation will be reduced by 80%.

New York is a state that recognizes only comparative negligence. If your case makes it to court, the judge and jury will compare the amount of blame each party is responsible for the accident, and reduce the amount of damage awarded by the same amount. Insurance companies also apply the concept of comparative fault when evaluating third party claims.

Generally speaking, there are three types of comparative negligence: pure comparative negligence, modified comparative fault and contributory negligence. Most states, including Texas, abide by the modified comparative fault rule. Texas used to adhere to the traditional Joint and Motor Vehicle Several Liability Rule that held each defendant/tortfeasor responsible for the entire amount the victim was liable for damages.

Depositions are a method for your attorney to address questions orally to witnesses, police officers and medical professionals who were involved in the collision. These will help your legal team to build a case for your car accident. The testimony you provide can aid in proving your claim.