How to File https//vimeocom/706723897 If the settlement offer offered by an insurance company does not cover your losses, you can start a lawsuit The process begins with your attorney filing a lawsuit Your lawyer will gather details from witnesses and experts They will also look over police reports and medical records This is called discovery Liability After an accident, it is the responsibility of the responsible party to make a claim for liability with their insurance company The claim must be made within the legal deadline established by the state in which the accident occurred Insurance companies are often enticed to pay out the smallest amount possible to settle legitimate claims It is important to be protected Record everything you can at the scene, including photos witnesses' statements or police reports, as well as any other relevant details It's also a good idea to call your insurance company immediately, so they will begin processing your claim as well as collecting evidence from the scene In New York, no-fault insurance covers medical expenses and up to 80 of your lost income, if you exceed the limits of the policy It also covers non-economic damages like 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 determine the amount of non-economic and economic damage you are entitled to Sometimes, automobiles are manufactured or designed in a defective manner Your lawyer could suggest that you sue both the driver and the manufacturer in the event that the vehicle is defective You can also sue a government agency responsible for road construction and upkeep when they are aware or ought to be aware of the dangerous conditions on their roadways but you are not able to charge individual employees in this type of lawsuit Damages Based on the laws of your state and the extent of your injuries, compensation could be used to pay for things like medical bills or car repairs, loss of income, property damage, and "pain and suffering" It's impossible to determine the value of these damages with absolute precision However it is an excellent idea to have your medical expenses and other costs documented by a professional and to include your estimated future losses as well A lawyer representing a plaintiff will seek the most evidence to support the client's claim as much as is possible when negotiations for compensation This could include eyewitness testimony, police reports, or medical records In certain situations, your attorney might seek information from the defendant's attorneys as well as the defendant in a procedure called discovery Deposits can also be required, in which your lawyer asks questions about the accident and injuries under the oath Sometimes both parties will reach an agreement before the lawsuit even reaches trial This is typical in car accidents as both sides want to save time and money on legal costs and also to avoid the stress of going to trial This could occur at any time in the course of the case however, it is likely to happen after the discovery process is finished It could also occur when one side discovers or reveals important information that they believe is insurmountable for the opposing side to win Medical bills Medical expenses can be the most expensive expense incurred in an auto accident The bills could come from private healthcare providers, like hospitals and clinics, or from government-based healthcare like Medicare and Medicaid It is crucial to have adequate financial coverage for the victims, regardless of the source of the medical expenses from Personal injury lawsuits can be filed by victims of car accidents to recover these costs In certain instances automobile or health insurance will cover the costs prior to the verdict is made or a settlement is made This can reduce the amount of the settlement and prevent the victim having to pay out of pocket for costs However, the insurers who have paid for these expenses could try to recover the amount they paid from the accident victim via a process referred to as subrogation It is therefore important to have an attorney by your side who understands this procedure and will fight to get fair compensation Certain drivers have a different type of insurance for their vehicles called "medical payment," or "PIP" It pays medical expenses without determining fault in the incident This type of insurance is typically accessible to all car accident victims and does not require a deductible However, it is subject to limitations, and you shouldn't be relying on it to pay all of your medical costs Settlements A fair settlement should be able to cover your losses, including medical bills, property damage and loss of wages It should also include a payment to compensate for any long-term injuries or limitations that result from decreased mobility or suffering and pain You should seek the advice of an experienced attorney to obtain 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 situation The length of time required to obtain a settlement varies between states and is influenced by the nature of your claim Typically, after a full investigation of the accident, our legal team will then send an order letter to the at-fault driver's insurance company We will negotiate with the insurance company to reach a fair settlement for your settlement If negotiations with the insurance company fail, your attorney will initiate an action against the responsible party in the court Then the discovery phase begins with an official process in which both parties exchange information and evidence During this time your attorney will request information from the defendant and his or her attorneys in the form of written questions called interrogatories and oral testimony through depositions Throughout the discovery phase and trial, your attorney can file legal documents, also known as motions to the court which the judge will read and decide on If one of the parties is unhappy with the outcome of the trial, they can appeal This could increase the length of your case by months, or even years