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How to File an Auto Accident Lawsuit If the settlement offer offered by an insurance company does not provide enough coverage for your damages, you can file a lawsuit. The process begins when your attorney is able to file a lawsuit. Your lawyer will gather details from witnesses and experts. They will also look over medical and police reports. This is known as discovery. Liability After an accident, the party responsible must file a liability claim with their insurance company. The claim must be filed within the timeframe established by the state in which the accident occurred. Insurance companies are often tempted to pay as little as possible for legitimate claims. It is important to protect yourself. Record all relevant information such as photographs, witness statements, police reports, and other pertinent information, at the scene. Contacting your insurance company as soon as you can is a good idea, so they can begin processing your claim and gather evidence from the scene. In New York, the no-fault system will pay medical bills and up to 80 percent of your loss income up to the limits of your policy. It also covers non-economic losses such as pain and suffering. However you must be able to prove that the negligence of the other driver caused your injury. The extent of your injuries will affect both the economic and non-economic damages you are entitled to. Sometimes, cars are not properly made or designed. In these cases the lawyer could suggest taking action against the manufacturer in addition to the driver who caused the accident. You can also sue a government entity responsible for road construction and maintenance in the event that they knew or should have been aware of the hazardous conditions on their roads however, you cannot make individual employees accountable in this kind of lawsuit. Damages Based on the laws of your state and the extent of your injuries, compensation can be used to pay for things like medical bills or car repairs, loss of income, property damage and “pain and suffering.” It is impossible to determine the value of these damages with complete accuracy. However it's an excellent idea to have your medical bills and other expenses documented by a professional and to include your projected future losses as well. A plaintiff's lawyer will use as much evidence to back the client's claim as is possible when trying to negotiate compensation. This includes eyewitness testimony, police reports, and medical records. In some cases, you attorney might request information from the lawyers of the defendant and the defendant in a process called discovery. Deposits may be necessary, in which your lawyer will ask questions regarding the accident and injuries under oath. Sometimes, both parties agree to a settlement even before the trial. This is often the case in car accidents since both parties want to save time and money on legal fees and to avoid the stress of going to trial. This can happen at any point during the trial, but is most likely to happen after the discovery process has completed. It can also happen after the other party learns or shares important information that they believe makes it impossible for their opponent to prevail. Medical bills Medical bills are often the largest cost associated with an accident. They can be incurred by private healthcare providers such as clinics and hospitals, or from government-based healthcare, such as Medicare and Medicaid. It is vital to have a sufficient financial protection for the victims, no matter which source the medical expenses come from. Car accident victims can file a personal injuries lawsuit to recover these expenses. In certain cases the health or auto insurance will pay for the expenses prior to when a verdict is reached or a settlement is reached. This can help reduce the overall amount of the settlement and prevent the victim from having to pay out-of pocket costs. Subrogation is a legal method that allows insurers to recover the money they paid for from accident victims. It is therefore essential to have an attorney on your side who is knowledgeable about the procedure and will fight for fair compensation. Some drivers also have a type of insurance policy known as “medical payment” or “PIP.” This form of auto insurance typically pays medical bills directly without having to determine who is responsible for the accident. This type of insurance does not typically have a deductible, and is accessible to all car accident victims. However, this coverage is not without limitations and you should not count on it to cover all medical expenses. Settlements A fair settlement will cover all of your expenses including medical bills lost wages and property damage. It should also include a portion to cover any long-term injuries or limitations, such as decreased mobility or suffering and pain. You should consult a seasoned lawyer to receive the maximum amount of compensation for your injuries and the damages. The process of settlement could take several months or even years, depending on the circumstances of your case. The timeframe for settlements can vary from state to state and depends on the extent of the case. Typically, after auto accident law firm philadelphia into the accident, our legal team will issue a demand letter to at-fault driver's insurance company. We will discuss with the insurance company to obtain a reasonable offer for your settlement. If negotiations with the insurance company fail your lawyer will file a court case against the responsible party. The discovery phase is the formal exchange of information and evidence between both parties. During this stage your lawyer will seek information from the defendant and his or her attorneys in the form of written questions (called interrogatories) and oral evidence through depositions. Throughout the discovery phase and trial, your attorney may file legal documents called motions to the court which the judge will read and decide on. If one of the parties is not satisfied with the verdict of the trial, they may appeal, which could extend the duration of your case by months, or even years.