How to Build an Auto Accident Legal Claim A lawyer who handles car accidents will consider all the ways in which your injuries have affected you https//vimeocom/706724103 includes future and current medical expenses loss of wages, emotional effects A lawyer with a lot of experience in preparing cases for car accidents and then attempting to resolve them is crucial Insurance companies know that lawyers who are willing to go to trial will fight for the highest compensation Traffic collisions Traffic collisions are any type of accident that involve at minimum one vehicle These accidents can also involve pedestrians, stationary objects such as buildings or poles as well as animals, road debris or road debris They can also happen on public or private roads Traffic collisions can be either intentional or unintentional Some examples of intentional traffic-related crimes are vehicle homicide and suicide by vehicle According to the NYC Open Data initiative Car crashes are among the most common types of incidents in New York City The city maintains a database that is public of every motor vehicle accident It contains information on the date and time of the collision, the location of the accident, and the severity Report any traffic accident, even if they seem minor You may lose your right to compensation if don't report the collision In addition, failing report a crash could result in a license suspension or other penalties It is essential to contact the police and take photographs of the scene after an accident, when you're involved in an accident You should also collect all the details about the other driver and their insurance company If you are unable find the other driver, you may file a claim using your own auto insurance or a family member's insurance You may also be able to file an claim through the state's special fund for catastrophically injured people, called the New York Motor Vehicle Accident Indemnification Corporation MVAIC At-fault driver citations In states that adhere to the law of fault-based insurance for cars, the at-fault driver's insurer will pay for medical and vehicle repair costs for other drivers involved an accident However there are other forms of compensation that you may seek for the losses that resulted from the crash In these instances you'll need to show that the other driver was negligent Traffic citations are a great form of evidence In a majority of police stations, officers are able to issue a driver a citation after an accident If they believe that the driver caused an accident through a violation of the law, they usually do issue a ticket The type of offense also plays a part in determining the liability of the insurance company Some states have boxes that indicate the "contributing factors" of an accident This allows officers to assign a percentage fault to a specific driver If you were hit by a driver who drove straight through a traffic light and you could have moved away from the path but didn't, you might be assigned an amount of blame for the crash An experienced personal injury lawyer can help you prove that the other driver violated his or her obligation to drive safely and adhere to the rules of the road You can then seek compensation for your physical and emotional injuries If your losses exceed the liability insurance coverage, you may make a claim against the person responsible for the accident Counterclaims In the event of a car accident the parties involved are given only a short amount of time to pursue legal action While these deadlines vary by state, filing a lawsuit within the proper timeframe could be a successful way to obtain compensation for injuries and losses associated with the collision An experienced lawyer on your side can help you collaborate with insurance companies to settle your case to trial One of the first steps that you and your attorney will start the legal process is to submit a police report This document is important because it contains a concise summary of what transpired, information and evidence collected at the scene witness statements, and more It is frequently utilized by attorneys and insurance companies to determine the cause of the incident and the kinds of damages you may be entitled to claim After your attorney has filed the complaint, both parties will engage in a series conversations referred to as discovery This is the time when your attorney will ask questions from the representatives of the defendant and collect information regarding their version of events, including their assessment of the extent of your injuries Your lawyer may also seek experts' opinions to back up your assertions and lend credibility to the case The filing of a counterclaim is an often used strategy for at-fault parties to try and shift the balance to their advantage This can be especially common in states that have changed law on comparative negligence that require victims to prove that they are not more than 51 percent at fault for the accident Comparative negligence The process of determining who is to the blame for a car accident is often confusing and sometimes, it can be difficult This is particularly true in states with shared fault or the rules of comparative negligence According to comparative negligence laws the injured person is able to be awarded damages less their percentage of fault for the incident If you are found to be 20 percent negligent, your recovery will be reduced by the amount of 80 New York is a state which only recognizes comparative negligence If your case makes it to court, the judge and jury will compare the amount of fault each party is responsible for the incident, and reduce the amount of damages awarded by the same amount Insurance companies also employ criteria for evaluating comparative fault in the evaluation of third parties' claims There are three main kinds of comparative negligence three types of comparative negligence pure comparative negligence as well as modified comparative fault and contributory negligence Most states, including Texas, abide by the modified comparative fault rule Texas was previously governed by the old Joint and Several Liability Rule which held each defendant/tortfeasor responsible for the total amount the victim was liable for damages Your attorney will be able to ask oral questions of witnesses, medical professionals and police officers involved in the accident through a process called depositions These will help the legal team construct your auto accident case Your testimony will help strengthen your claim