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How to File an Auto Accident Lawsuit If an insurance company's settlement offer does not cover your damages, you can make a claim. The process begins with your attorney filing a lawsuit. Your lawyer will gather information from experts and witnesses. They will also review police reports and medical records. This is called discovery. Liability After an accident, the responsible party must file a claim for liability with their insurance company. The claim must be filed within the legal timeframe set by the state in which your car accident occurred. Insurance companies might be enticed to make as little payment as they can on legitimate claims, and so it is essential to take precautions to protect yourself. Document all relevant information including photographs, witness statements and police reports, and any other pertinent information, at the scene. It's also a good idea to contact your insurance provider right away, as they will be able to begin processing your claim and obtaining evidence from the scene. In New York, no-fault insurance covers medical expenses as well as up to 80% of your lost income, subject to the policy limits. It also covers other damages such as pain and suffering. You must prove that the other driver was negligent. The severity of your injuries affects both the non-economic and economic damages you're entitled to. Sometimes, automobiles are manufactured or designed in a manner that is defective. Your lawyer may suggest that you sue both the driver and the manufacturer in the event that the vehicle is defective. You can sue the government body responsible for road construction or maintenance if it has knowledge or should be aware of the dangers on its roads. However, you cannot make an individual employee accountable in such a case. Damages You can't calculate the exact amount of damages, but it's contingent on the laws in your state as well as the severity of the injury. It's best to have your medical costs and other expenses documented and include your estimated future loss. A lawyer representing a plaintiff will seek as much evidence to back the client's claim as is possible when negotiations for compensation. This includes eyewitness statements, police reports and medical records. In some instances, your attorney will request information from the defendant as well as their attorneys through a process known as discovery. Deposits can be required, in which your lawyer will ask questions about the accident or injuries under an oath. Sometimes both parties will agree to a settlement before the lawsuit even reaches trial. This is common in car accidents since both parties wish to save time and money on legal fees, as well as to avoid the stress of the trial. This could happen at any time during the trial, but is most likely to occur after the discovery process has finished. It can also happen after one side has learned or shares information they believe is insurmountable for the other side to win. Medical bills Medical bills can be the largest cost associated with an auto accident. The bills could come from private healthcare providers like hospitals and medical clinics or government-funded healthcare like Medicare and Medicaid. Regardless of where the medical bills come from, it's important that the victims have proper insurance to cover the expenses. Personal injury lawsuits can be filed by victims of car accidents to recover these expenses. In some cases the health or auto insurance will pay for the expenses prior to when an agreement is reached or a settlement is reached. This can reduce the total settlement amount and help the victim avoid having to pay for out-of-pocket expenses. However, the insurance companies that have paid for these expenses could try to recoup the money that they spent from the victim by a process known as subrogation. It is therefore important to have an attorney by your side who is knowledgeable about this procedure and will fight to get fair compensation. Certain drivers also are covered by an additional type of auto insurance known as “medical payment” or “PIP.” It pays medical bills without determining fault in the incident. The coverage does not usually have a deductible, and is available to all car accident victims. However even this insurance isn't unlimited and should not be relied on for the payment of all your medical expenses. Settlements A fair settlement should be able to cover your expenses, such as medical bills, property damage and lost wages. auto accident lawsuit houston should also include a sum to cover any long-term impairments or damages that result from decreased mobility or pain and suffering. It's important that you consult with an experienced attorney to secure the maximum amount for your injuries and damages. The process of settlement can take months or years depending on the situation. The length of time may vary from state to state and depends on the complexity of your case. After an in-depth investigation of your accident, we will send a demand to the insurance company of the driver who was at fault. We will negotiate with your insurance company to negotiate an appropriate settlement offer. If negotiations with the insurer do not succeed your lawyer will file a court lawsuit against the responsible party. The discovery phase then begins and is an official procedure where both parties exchange information and evidence. During this stage the attorney will ask information from the defendant and his or her attorneys in the form of written questions (called interrogatories) as well as oral testimony in depositions. During the time of discovery and trial, your attorney may file legal documents called motions with the court, which the judge will review and decide on. If one of the parties is unhappy with the outcome of the trial they can appeal. This can add to the length of your case by months or years.